(a) Aggravation. In any disciplinary action, the following may be considered as aggravating factors that warrant more severe or restrictive action by the board. Board staff shall have the burden to present evidence regarding any aggravating factors that may apply in the particular case. A final order shall include a finding of fact on each applicable aggravating factor.
  (1) harm to one or more patients;
  (2) the severity of patient harm;
  (3) one or more violations that involve more than one patient;
  (4) economic harm to any individual or entity and the severity of such harm;
  (5) increased potential for harm to the public;
  (6) attempted concealment of the act constituting a violation;
  (7) intentional, premeditated, knowing, or grossly negligent act constituting a violation;
  (8) prior similar violations;
  (9) previous disciplinary action by the board, any government agency, peer review organization, or health care entity;
  (10) violation of a board order;
  (11) other relevant circumstances increasing the seriousness of the misconduct.
(b) Mitigation. In any disciplinary action, the following may be considered as mitigating factors that warrant less severe or restrictive action by the board. The licensee shall have the burden to present evidence regarding any mitigating factors that may apply in the particular case. The presence of mitigating factors does not constitute a requirement of dismissal of a violation of the Act. A final order shall include a finding of fact on each applicable mitigating factor.
  (1) self-reported and voluntary admissions of violation(s);
  (2) implementation of remedial measures to correct or mitigate harm from the violation(s);
  (3) acknowledgment of wrongdoing and willingness to cooperate with the board, as evidenced by acceptance of an Agreed Order;
  (4) rehabilitative potential;
  (5) prior community service and present value to the community;
  (6) participation in a continuing medical education course described in §166.2(a)(6) of this title (relating to Continuing Medical Education) completed not more than two years before the start of the investigation, if the physician is being investigated by the board regarding the physician's selection of clinical care for the treatment of tick-borne diseases;
  (7) other relevant circumstances reducing the seriousness of the misconduct; and
  (8) other relevant circumstances lessening responsibility for the misconduct.

Source Note: The provisions of this §190.15 adopted to be effective November 30, 2003, 28 TexReg 10496; amended to be effective May 13, 2012, 37 TexReg 3411