Iowa Admin. Code r. 481-904.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 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.

Iowa Admin. Code r. 481-904.6

ARC 7815C, IAB 4/17/2024, effective 5/22/2024; Editorial change: IAC Supplement 9/18/2024