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TITLE 22EXAMINING BOARDS
PART 21TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 470ADMINISTRATIVE PROCEDURE
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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