(b) In determining the violation class for licensee violations, the following factors shall be considered:
(1) Nature and severity of the violation.
(2) Length of time that has passed since the date of the violation.
(3) Consequences of the violation, including potential or actual patient harm.
(4) History of previous violations of the same or similar nature.
(5) Evidence that the violation was willful.
(c) The fine for each Class “A” violation shall not exceed $10,000 per violation. A Class “A” violation is the failure of an employer to report to the Board, as specified in Section 2520.5, the rejection from assignment, suspension, termination, or resignation for cause of a licensed vocational nurse.
(d) The fine for each Class “B” violation shall be no less than $1,001 and no more than $2,500. A Class “B” violation includes:
(1) A violation that results in or could have resulted in patient harm and where there is no evidence that revocation or other disciplinary action is required to ensure consumer safety. Such violations include but are not limited to patient abandonment and falsifying nursing notes;
(2) Any violation that is neither directly or potentially detrimental to patients nor directly or potentially impacts their care. Such violations include, but are not limited to, a violation committed for personal and/or financial gain, or fraud;
(3) A minor or technical violation that continues for six months or more in duration; or
(4) A minor or technical violation with one or more Class “C” citations.
(e) The fine for each Class “C” violation shall not exceed $1,000. A Class “C” violation is a minor or technical violation that is neither directly or potentially detrimental to patients nor directly or potentially impacts their care and which continues for less than six months duration. Such violations include but are not limited to practicing with an expired license, precharting, charting errors, or verbal abuse.
(f) Notwithstanding the administrative fine amounts specified in subsections (d) and (e), a Class B or Class C citation may include a fine of no more than $5,000 if one or more of the following circumstances apply:
(1) The cited person has a history of two or more prior citations of the same or similar violations.
(2) The citation involves a violation that has a substantial risk to the health and safety of another person.
(3) The citation involves multiple violations that demonstrate a willful disregard of the law.
(4) The citation involves a violation perpetuated against an elder, disabled, or dependent person.
Note: Authority cited: Sections 125.9, 148 and 2854, Business and Professions Code. Reference: Sections 125.9, 148, 2878 and 2878.1, Business and Professions Code.