At the conclusion of the hearing, the Board or hearing officer shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding of whether or not the accused person violated this Code or its rules or failed to comply with the conditions required in this Code or its rules. The Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary. In making recommendations for any disciplinary action, the Board may take into consideration all facts and circumstances including, but not limited to: the seriousness of the offenses; the presence of multiple offenses; prior disciplinary history or the lack thereof, including actions taken by other agencies in this State, by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, or professional liability insurance companies or any of the armed forces of the United States or any state; the impact of the offenses on any injured party; the vulnerability of any injured party, including, but not limited to, consideration of the injured party’s age, disability, or mental illness; motive for the offense; contrition or lack thereof for the offense; financial gain as a result of committing the offenses; cooperation or lack thereof with the Department or other investigative authorities; restitution to injured parties; whether the conduct was self-reported; and any voluntary remedial actions taken. In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation.
     The report of findings of fact, conclusions of law, and recommendation of the Board or hearing officer shall be the basis for the Secretary’s order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the Board or hearing officer, the Secretary may issue an order in contravention of the Board or hearing officer’s recommendations. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Code, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Code.