(a) Any person or entity that willfully violates this chapter or any rule or regulation adopted under this chapter shall be guilty of a misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000) per day of violation.
(b) In determining the punishment to be imposed under this section, the court shall consider all relevant facts, including, but not limited to, the following:
(1) Whether the violation exposed a patient or other individual to the risk of death or serious physical harm.
(2) Whether the violation had a direct or immediate relationship to health, safety, or security of a patient or other individual.
(3) Evidence, if any, of willfulness in the violation.
(4) The presence or absence of good faith efforts by the outpatient setting to prevent the violation.
(c) For purposes of this section, “willfully” or “willful” means that the person doing an act or omitting to do an act intends the act or omission, and knows the relevant circumstances connected with the act or omission.
(d) The district attorney of every county shall, upon application by the Division of Medical Quality or its authorized representative, institute and conduct the prosecution of any action or violation within the county of any provisions of this chapter.
(Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
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