Iowa Code r. 481-904.6 - Board discretion in imposing disciplinary sanctions
Factors the board will consider when determining the nature and severity of the disciplinary sanction to be imposed, including whether to assess and the amount of civil penalties, include:
1. The relative serious nature of the
violation as it relates to ensuring a high standard of professional care to the
citizens of this state.
2. Whether
the amount of a civil penalty will be a substantial deterrent to the
violation.
3. The circumstances
leading to the violation.
4. The
risk of harm to the public.
5. The
economic benefits gained by the licensee as a result of the
violation.
6. The interest of the
public.
7. Evidence of reform or
remedial action.
8. Time lapsed
since the violation occurred.
9.
Whether the violation is a repeat offense following a prior cautionary letter,
disciplinary order, or other notice of the nature of the infraction.
10. The clarity of the issues
involved.
11. Whether the violation
was willful and intentional.
12.
Whether the nonlicensee acted in bad faith.
13. The extent to which the licensee
cooperated with the board.
14.
Whether a licensee holding an inactive, suspended, restricted or revoked
license engaged in practices which require licensure.
15. Any extenuating factors or other
countervailing considerations.
16.
Number and seriousness of prior violations or complaints.
17. Such other factors as may reflect upon
the competency, ethical standards, and professional conduct of the
licensee.
Notes
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