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311.990 Penalties.
(1)
(2)
Any person who violates KRS 311.250 shall be guilty of a violation.
Any college or professor thereof violating the provisions of KRS 311.300 to
311.350 shall be civilly liable on his bond for a sum not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000) for each violation,
which may be recovered by an action in the name of the Commonwealth.
(3) Any person who presents to the county clerk for the purpose of registration any
license which has been fraudulently obtained, or obtains any license under
KRS 311.380 to 311.510 by false or fraudulent statement or representation, or
practices podiatry under a false or assumed name or falsely impersonates
another practitioner or former practitioner of a like or different name, or aids
and abets any person in the practice of podiatry within the state without
conforming to the requirements of KRS 311.380 to 311.510, or otherwise
violates or neglects to comply with any of the provisions of KRS 311.380 to
311.510, shall be guilty of a Class A misdemeanor. Each case of practicing
podiatry in violation of the provisions of KRS 311.380 to 311.510 shall be
considered a separate offense.
(4) Each violation of KRS 311.560 shall constitute a Class D felony.
(5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction
under this subsection of a holder of a license or permit shall result
automatically in permanent revocation of such license or permit.
(6) Conviction of willfully resisting, preventing, impeding, obstructing, threatening,
or interfering with the board or any of its members, or of any officer, agent,
inspector, or investigator of the board or the Cabinet for Health and Family
Services, in the administration of any of the provisions of KRS 311.550 to
311.620 shall be a Class A misdemeanor.
(7) Each violation of subsection (1) of KRS 311.375 shall, for the first offense, be a
Class B misdemeanor, and, for each subsequent offense shall be a Class A
misdemeanor.
(8) Each violation of subsection (2) of KRS 311.375 shall, for the first offense, be a
violation, and, for each subsequent offense, be a Class B misdemeanor.
(9) Each day of violation of either subsection of KRS 311.375 shall constitute a
separate offense.
(10) (a) Any person who intentionally or knowingly performs an abortion contrary
to the requirements of KRS 311.723(1) shall be guilty of a Class D felony;
and
(b) Any person who intentionally, knowingly, or recklessly violates the
requirements of KRS 311.723(2) shall be guilty of a Class A
misdemeanor.
(11) (a) 1.
Any physician who performs a partial-birth abortion in violation of
KRS 311.765 shall be guilty of a Class D felony. However, a
physician shall not be guilty of the criminal offense if the partial-birth
abortion was necessary to save the life of the mother whose life was
endangered by a physical disorder, illness, or injury.
2.
A physician may seek a hearing before the State Board of Medical
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
Licensure on whether the physician's conduct was necessary to
save the life of the mother whose life was endangered by a physical
disorder, illness, or injury. The board's findings, decided by majority
vote of a quorum, shall be admissible at the trial of the physician.
The board shall promulgate administrative regulations to carry out
the provisions of this subparagraph.
3.
Upon a motion of the physician, the court shall delay the beginning
of the trial for not more than thirty (30) days to permit the hearing,
referred to in subparagraph 2. of this paragraph, to occur.
(b) Any person other than a physician who performs a partial-birth abortion
shall not be prosecuted under this subsection but shall be prosecuted
under provisions of law which prohibit any person other than a physician
from performing any abortion.
(c) No penalty shall be assessed against the woman upon whom the
partial-birth abortion is performed or attempted to be performed.
Any person who intentionally performs an abortion with knowledge that, or with
reckless disregard as to whether, the person upon whom the abortion is to be
performed is an unemancipated minor, and who intentionally or knowingly fails
to conform to any requirement of KRS 311.732 is guilty of a Class A
misdemeanor.
Any person who negligently releases information or documents which are
confidential under KRS 311.732 is guilty of a Class B misdemeanor.
Any person who performs an abortion upon a married woman either with
knowledge or in reckless disregard of whether KRS 311.735 applies to her and
who intentionally, knowingly, or recklessly fails to conform to the requirements
of KRS 311.735 shall be guilty of a Class D felony.
Any person convicted of violating KRS 311.750 shall be guilty of a Class B
felony.
Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.
Any person who violates KRS 311.770 or 311.780 shall be guilty of a Class D
felony.
A person convicted of violating KRS 311.780 shall be guilty of a Class C
felony.
Any person who violates KRS 311.810 shall be guilty of a Class A
misdemeanor.
Any professional medical association or society, licensed physician, or hospital
or hospital medical staff who shall have violated the provisions of KRS 311.606
shall be guilty of a Class B misdemeanor.
Any administrator, officer, or employee of a publicly owned hospital or publicly
owned health care facility who performs or permits the performance of
abortions in violation of KRS 311.800(1) shall be guilty of a Class A
misdemeanor.
Any person who violates KRS 311.905(3) shall be guilty of a violation.
Any person who violates the provisions of KRS 311.820 shall be guilty of a
Class A misdemeanor.
(24) (a)
(25)
(26)
(27)
(28)
(29)
Any person who fails to test organs, skin, or other human tissue which is
to be transplanted, or violates the confidentiality provisions required by
KRS 311.281, shall be guilty of a Class A misdemeanor;
(b) Any person who has human immunodeficiency virus infection, who knows
he is infected with human immunodeficiency virus, and who has been
informed that he may communicate the infection by donating organs, skin,
or other human tissue who donates organs, skin, or other human tissue
shall be guilty of a Class D felony.
Any person who sells or makes a charge for any transplantable organ shall be
guilty of a Class D felony.
Any person who offers remuneration for any transplantable organ for use in
transplantation into himself shall be fined not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
Any person brokering the sale or transfer of any transplantable organ shall be
guilty of a Class C felony.
Any person charging a fee associated with the transplantation of a
transplantable organ in excess of the direct and indirect costs of procuring,
distributing, or transplanting the transplantable organ shall be fined not less
than fifty thousand dollars ($50,000) nor more than five hundred thousand
dollars ($500,000).
Any hospital performing transplantable organ transplants which knowingly fails
to report the possible sale, purchase, or brokering of a transplantable organ
shall be fined not less than ten thousand dollars ($10,000) or more than fifty
thousand dollars ($50,000).
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 175, sec. 6, effective July 12, 2006; and
ch. 248, sec. 9, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99,
sec. 590, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 211, sec. 42,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 262, sec. 34, effective
July 14, 2000; and ch. 343, sec. 25, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 426, sec. 545, effective July 15, 1998; ch. 578, sec. 4, effective July
15, 1998; and ch. 614, sec. 3, effective July 15, 1998. -- Amended 1992 Ky.
Acts ch. 447 sec. 6, effective July 14, 1992; and ch. 463, sec. 35, effective July
14, 1992. -- Amended 1990 Ky. Acts ch. 443, sec. 63, effective July 13, 1990;
and ch. 495, sec. 10, effective January 1, 1991. -- Amended 1986 Ky. Acts
ch. 375, sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 342,
sec. 10, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 64, sec. 2,
effective June 1, 1980; ch. 188, sec. 258, effective July 15, 1980; and ch. 225,
sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 107, sec. 12;
ch. 205, sec. 14; and ch. 211, sec. 12. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 107(1); and ch. 255, sec. 17(1) to (6). -- Amended 1972 Ky. Acts ch. 218,
sec. 18. -- Amended 1966 Ky. Acts ch. 255, sec. 244. -- Amended 1952 Ky. Acts
ch. 150, secs. 17 and 18; ch. 197, sec. 8; and ch. 198, sec. 3. -- Amended 1950
Ky. Acts ch. 86, sec. 24. -- Amended 1948 Ky. Acts ch. 176, sec. 15. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2615, 2615-3, 2618, 2618a-4, 2618a-12, 2618b-2, 2618b-4, 2651.
Legislative Research Commission Note (7/23/06). This section was amended by
2000 Ky. Acts chs. 175 and 248, which do not appear to be in conflict and have
been codified together.
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