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RULE §470.23Aggravating and Mitigating Circumstances

(a) Aggravating Circumstances. Aggravating circumstances are those which may increase the severity of a rule violation, justifying the imposition of a more severe penalty. Such circumstances include but are not limited to the following:

  (1) Patient harm and the type and severity thereof;

  (2) Economic harm to any individual or entity and the severity thereof;

  (3) Increased potential for harm to the public;

  (4) Attempted concealment of misconduct;

  (5) Premeditated conduct;

  (6) Intentional misconduct;

  (7) Prior written warnings or written admonishments from any supervisor or governmental agency or official regarding statutes or regulations pertaining to the licensee's practice of psychology;

  (8) Prior misconduct of a similar or related nature;

  (9) Disciplinary history;

  (10) Likelihood of future misconduct of a similar nature;

  (11) Violation of a Board order;

  (12) Failure to implement remedial measures to correct or alleviate harm arising from the misconduct;

  (13) Lack of rehabilitative potential;

  (14) Motive and intent; and

  (15) Any relevant circumstances or facts increasing the level of violation.

(b) Mitigating Circumstances. Mitigating circumstances are those which may reduce the severity of a less severe penalty. Such circumstances include the absence of aggravating circumstances listed above as and the presence of one or more of the following:

  (1) Acceptance of responsibility;

  (2) Self-reported rule violations;

  (3) Implementation of remedial measures to correct or mitigate harm arising from the misconduct;

  (4) Motive;

  (5) Rehabilitative potential;

  (6) Prior community service;

  (7) Relevant facts and circumstances reducing the seriousness of the violation; and

  (8) Relevant facts and circumstances lessening responsibility for the violation.

Source Note: The provisions of this §470.23 adopted to be effective December 20, 2005, 30 TexReg 8434; amended to be effective March 12, 2007, 32 TexReg 1313

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