Cal. Code Regs. Tit. 16, § 390.1 - Criteria to be Considered

In the issuance of any citation, the following factors shall be considered:

(a) Nature and severity of the violation.

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

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

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

(e) Evidence that the violation was willful.

(f) Gravity of the violation.

(g) The extent to which the cited person has remediated any knowledge and/or skill deficiencies which could have injured a patient.

Notes

Cal. Code Regs. Tit. 16, § 390.1

1. New section filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2. Amendment of NOTE filed 7-2-2008; operative 8-1-2008 (Register 2008, No. 27).

Note: Authority cited: Sections 125.9, 1000- 4(b) and 1000- 10, Business and Professions Code; and Chiropractic Initiative Act of California, Stats. 1923, p. 1xxxviii. Reference: Sections 1000- 4(b) and 1000- 10, Business and Professions Code; and Chiropractic Initiative Act of California, Stats. 1923, p. 1xxxviii.

1. New section filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2. Amendment of Note filed 7-2-2008; operative 8-1-2008 (Register 2008, No. 27).