Section 1248.8 Of Chapter 1.3. Outpatient Settings From California Health And Safety Code >> Division 2. >> Chapter 1.3.
1248.8
. (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.