(b) Except as provided in subdivision (c), for a violation of this chapter or the rules and regulations promulgated thereunder that does not constitute a violation of subdivision (a), the department may assess an administrative penalty in an amount of up to twenty-five thousand dollars ($25,000) per violation. This subdivision shall also apply to violation of regulations set forth in Article 1 (commencing with Section 127400) of Chapter 2.5 of Part 2 of Division 107 or the rules and regulations promulgated thereunder. The department shall promulgate regulations establishing the criteria to assess an administrative penalty against a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250. The criteria shall include, but need not be limited to, the following:
(1) The patient's physical and mental condition.(2) The probability and severity of the risk that the violation presents to the patient.(3) The actual financial harm to patients, if any.(4) The nature, scope, and severity of the violation.(5) The facility's history of compliance with related state and federal statutes and regulations.(6) Factors beyond the facility's control that restrict the facility's ability to comply with this chapter or the rules and regulations promulgated thereunder.(7) The demonstrated willfulness of the violation.(8) The extent to which the facility detected the violation and took steps to immediately correct the violation and prevent the violation from recurring.