Title 16, California Code of Regulations, Section 1435.4

Criteria to be Considered in Assessing a Fine or Order of Abatement

In any citation which includes a fine or order of abatement, the following factors shall be considered in determining the amount of the fine to be assessed or the terms of the order of abatement:

(a) Gravity of the violation.

(b) History of previous violations of the same or a similar nature.

(c) Length of time that has passed since the date of the violation.

(d) Consequences of the violation, including potential or actual patient harm.

(e) The good or bad faith exhibited by the cited individual.

(f) Evidence that the violation was willful.

(g) The extent to which the individual cooperated with the board's investigation.

(h) The extent to which the individual has remediated any knowledge and/or skills deficiencies which could have injured a patient.

(i) Any other mitigating or aggravating factors.

Note:
Authority cited: Sections 125.9, 148 and 2715, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code. History: 1. New section filed 7-12-96; operative 8-11- 96 (Register 96, No. 28).