4723-16-07 Evidence or Factors to be Considered by the Board.

(A) The board or hearing examiner may admit evidence of any prior action taken by the board if the evidence offered is:

(1) To prove notice to respondent that particular conduct was unacceptable;

(2) To prove a continuing problem justifying harsher discipline than might otherwise be warranted in the case;

(3) To demonstrate respondent’s disregard for compliance with the laws regulating the practice of nursing or for the actions of the board; or

(4) For purposes of impeachment.

(B) When making a decision regarding disciplinary action, the board may consider factors including, but not limited to, the following:

(1) Whether the act is willful, intentional, irresponsible, or unintentional;

(2) The frequency of occurrence of the act at issue;

(3) Whether the act represents a pattern of commissions or omissions;

(4) The outcome of the actions of a licensee or certificate holder; or

(5) The level of harm or potential harm to a patient.

HISTORY: 2/1/00 Replaces: 4723-16-07 Eff 04/01/2005

Promulgated Under: 119.03

Statutory Authority: 4723.07

Rule Amplifies: 4723.28

R.C. 119.032 review dates: 02/01/2010