44:90:12:09Determination of serious violation.

When determining if a violation is a serious violation, the department shall consider: (1) The nature and gravity of the violation; (2) The willfulness and deliberateness of the violation; (3) The actual or potential harm to patient health or safety or an establishment agent; (4) Any prior violations by an establishment; (5) The duration of the violation; (6) The number and nature of current violations; (7) The likelihood of reoccurrence of the violation; and (8) Any other factor associated with the violation that adversely impacts patient health or safety.

Source: 52 SDR 10, effective August 4, 2025.