KRS § 311.990 — KY Code / Title XXVI / Chapter 311 / Section 311.990
311.990 Penalties
Status: in_force

311.990 Penalties.

(1) Any person who violates KRS 311.250 shall be guilty of a violation.

(2) Any college or professor thereof violating the provisions of KRS 311.300 to

311.350 shall be civilly liable on his or her 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 KRS 311.375(1) 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 KRS 311.375(2) 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.

(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

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.

(12) (a) Except as provided in KRS 311.732(12), any person who intentionally,

knowingly, or recklessly performs an abortion upon a minor without obtaining

the required consent pursuant to KRS 311.732 shall be guilty of a Class D

felony.

(b) Except as provided in paragraph (a) of this subsection, any person who

intentionally or knowingly fails to conform to any requirement of KRS

311.732 is guilty of a Class A misdemeanor.

(c) Any person who negligently releases information or documents which are

confidential under KRS 311.732 is guilty of a Class B misdemeanor.

(13) 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.

(14) Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony.

(15) Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.

(16) Any person who violates KRS 311.770 shall be guilty of a Class D felony.

(17) Except as provided in KRS 311.787(3), any person who intentionally violates KRS

311.787 shall be guilty of a Class D felony.

(18) A person convicted of violating KRS 311.780 shall be guilty of a Class C felony.

(19) Except as provided in KRS 311.782(6), any person who intentionally violates KRS

311.782 shall be guilty of a Class D felony.

(20) Any person who violates KRS 311.783(1) shall be guilty of a Class B

misdemeanor.

(21) Any person who violates KRS 311.7705(1) is guilty of a Class D felony.

(22) Any person who violates KRS 311.7706(1) is guilty of a Class D felony.

(23) Except as provided in KRS 311.731(7), any person who violates KRS 311.731(2)

shall be guilty of a Class D felony.

(24) Any physician, physician assistant, advanced practice registered nurse, nurse, or

other healthcare provider who intentionally violates KRS 311.823(2) shall be guilty

of a Class D felony. As used in this subsection, "healthcare provider" has the same

meaning as in KRS 311.821.

(25) Any person who violates KRS 311.810 shall be guilty of a Class A misdemeanor.

(26) 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.

(27) 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.

(28) Any person who violates KRS 311.905(3) shall be guilty of a violation.

(29) Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A

misdemeanor.

(30) 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.

(31) Any person who sells or makes a charge for any transplantable organ shall be guilty

of a Class D felony.

(32) Any person who offers remuneration for any transplantable organ for use in

transplantation into himself or herself shall be fined not less than five thousand

dollars ($5,000) nor more than fifty thousand dollars ($50,000).

(33) Any person brokering the sale or transfer of any transplantable organ shall be guilty

of a Class C felony.

(34) 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).

(35) 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).

(36) (a) Any physician or qualified technician who violates KRS 311.727 shall be

fined not more than one hundred thousand dollars ($100,000) for a first

offense and not more than two hundred fifty thousand dollars ($250,000) for

each subsequent offense.

(b) In addition to the fine, the court shall report the violation of any physician, in

writing, to the Kentucky Board of Medical Licensure for such action and

discipline as the board deems appropriate.

(37) Any person who violates KRS 311.691 shall be guilty of a Class B misdemeanor

for the first offense, and a Class A misdemeanor for a second or subsequent offense.

In addition to any other penalty imposed for that violation, the board may, through

the Attorney General, petition a Circuit Court to enjoin the person who is violating

KRS 311.691 from practicing genetic counseling in violation of the requirements of

KRS 311.690 to 311.700.

(38) Any person convicted of violating KRS 311.728 shall be guilty of a Class D felony.

(39) (a) A person who intentionally, knowingly, or recklessly violates KRS 311.7731

to 311.7739 is guilty of a Class D felony.

(b) No criminal penalty may be assessed against a pregnant patient upon whom a

drug-induced abortion is attempted, induced, or performed.