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216B.990 Penalties.
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Any person who, in willful violation of this chapter, operates a health facility or
abortion facility without first obtaining a license or continues to operate a health
facility or abortion facility after a final decision suspending or revoking a license
shall be fined not less than five hundred dollars ($500) nor more than ten
thousand dollars ($10,000) for each violation.
Any person who, in willful violation of this chapter, acquires major medical
equipment, establishes a health facility, or obligates a capital expenditure
without first obtaining a certificate of need, or after the applicable certificate of
need has been withdrawn, shall be fined one percent (1%) of the capital
expenditure involved but not less than five hundred dollars ($500) for each
violation.
Any hospital acting by or through its agents or employees which violates any
provision of KRS 216B.400 shall be punished by a fine of not less than one
hundred dollars ($100) nor more than five hundred dollars ($500).
Any health facility which willfully violates KRS 216B.250 shall be fined one
hundred dollars ($100) per day for failure to post required notices and one
hundred dollars ($100) per instance for willfully failing to provide an itemized
statement within the required time frames.
In addition to the civil penalties established under KRS 216B.306(1) and (4),
any person who advertises, solicits boarders, or operates a boarding home
without first obtaining a registration as required by KRS 216B.305 and any
person who aids or abets the operation of a boarding home that is not
registered shall be imprisoned for no more than twelve (12) months.
Any person or entity establishing, managing, or operating an abortion facility or
conducting the business of an abortion facility which otherwise violates any
provision of this chapter or any administrative regulation promulgated
thereunder regarding abortion facilities shall be subject to revocation or
suspension of the license of the abortion facility. In addition, any violation of
any provision of this chapter regarding abortion facilities or any administrative
regulation related thereto by intent, fraud, deceit, unlawful design, willful and
deliberate misrepresentation, or by careless, negligent, or incautious disregard
for the statute or administrative regulation, either by persons acting individually
or in concert with others, shall constitute a violation and shall be punishable by
a fine not to exceed one thousand dollars ($1,000) for each offense. Each day
of continuing violation shall be considered a separate offense. The venue for
prosecution of the violation shall be in any county of the state in which the
violation, or any portion thereof, occurred.
Any hospital acting by or through its agents or employees that violates any
provision of KRS 216B.150 shall be punished by a fine of not less than one
hundred dollars ($100) nor more than five hundred dollars ($500) for each
violation.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 161,
Amended 2004 Ky. Acts ch. 170, sec. 3,
1998 Ky. Acts ch. 503, sec. 2, effective
effective July 15, 1998. -- Amended 1992
sec. 34,
effective
July 15,
Ky. Acts
effective July 15, 2010. -July 13, 2004. -- Amended
1998; and ch. 582, sec. 8,
ch. 63, sec. 6, effective July
14, 1992. -- Amended 1990 Ky. Acts ch. 439, sec. 6, effective July 13, 1990. -Amended 1986 Ky. Acts ch. 19, sec. 5, effective July 15, 1986; and ch. 288,
sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 347, sec. 26,
effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, secs. 25, 26, and 34,
effective July 15, 1980.
Formerly codified, in part, as KRS 216.990.
History for former KRS 216.990: Amended 1980 Ky. Acts ch. 135, sec. 34,
effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 352, sec. 1(2). -Amended 1972 Ky. Acts ch. 149, sec. 9. -- Amended 1962 Ky. Acts ch. 112,
sec. 9. -- Amended 1960 Ky. Acts ch. 87, sec. 10. -- Amended 1952 Ky. Acts
ch. 16, sec. 110. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October
1, 1942, from Ky. Stat. sec. 2094.
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