22 Tex. Admin. Code § 281.62 - Aggravating and Mitigating Factors

The following factors may be considered in determining the disciplinary sanctions imposed by the board if the factors are applicable to the factual situation alleged. The factors are not applicable in situations involving criminal actions (in which case § 281.63 of this title (relating to Considerations for Criminal Offenses) applies).

(1) Aggravation. The following may be considered as aggravating factors so as to merit an increase in the severity of disciplinary sanction(s) to be imposed:

(A) extent and gravity of personal, economic, or public damage or harm;

(B) vulnerability of the patient(s);

(C) willful or reckless conduct, or as a result of a knowingly made professional omission, as opposed to negligent conduct;

(D) pattern of misconduct that serves as a basis of discipline;

(E) prior disciplinary action(s);

(F) attempted concealment of the conduct which serves as a basis for disciplinary action under the Act; and

(G) violation of a board order.

(2) Extenuation and Mitigation. The following may be considered as extenuating and mitigating factors so as to merit a reduction in the severity of disciplinary sanction(s) to be imposed:

(A) isolated incident that serves as a basis for disciplinary action;

(B) remorse for conduct;

(C) interim implementation of remedial measures to correct or mitigate harm from the conduct which serves as a basis for disciplinary action under the Act;

(D) remoteness of misconduct, when not based on delay attributable to actions by the respondent;

(E) extent to which respondent cooperated with board investigation;

(F) treatment and/or monitoring of an impairment;

(G) self-reported and voluntary admissions of the conduct which serves as a basis for disciplinary action under section 565.001(a)(4) and (7) of the Act; and

(H) if acting as pharmacist-in-charge, respondent did not personally engage, either directly or indirectly, in the conduct that serves as the basis for disciplinary action; did not permit or encourage, either by professional oversight or extreme negligence, the conduct that serves as the basis for disciplinary action; promptly reported the conduct to the board or other state or federal regulatory authorities or law enforcement upon identifying the conduct that serves as the basis for disciplinary action; and took all reasonable steps to mitigate or remediate the conduct that serves as the basis for disciplinary action.

Notes

22 Tex. Admin. Code § 281.62

The provisions of this §281.62 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective September 7, 2008, 33 TexReg 7218; Amended by Texas Register, Volume 43, Number 48, November 30, 2018, TexReg 7770, eff. 12/6/2018