Current through Public Act 149 of the 2024 Legislative Session
Section 333.20175b - Violations of record retention requirements for medical services involving vaginal or anal penetration; penalties(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.Added by 2023, Act 62,s 10, eff. 10/10/2023.