333.20175b Violations of record retention requirements for medical services involving vaginal or anal penetration; penalties.
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333.20175b Violations of record retention requirements for medical services involving vaginal or anal penetration; penalties.
Sec. 20175b.
(1)Except as otherwise provided in subsections
(2)and (3), a person that violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is subject to an administrative fine or guilty of a crime as follows:
(a)For a first violation, an administrative fine of not more than $2,500.00.
(b)For a second violation, an administrative fine of not more than $5,000.00.
(c)For a third or subsequent violation, a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $7,500.00, or both.
(2)A person that violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of $10,000.00, or both, if the violation was the result of gross negligence.
(3)A person that intentionally violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(4)This section does not limit any other sanction the department is authorized to impose under section 20165.
History: Add. 2023, Act 62 , Eff. Oct. 10, 2023
Popular Name: Act 368