588 - Violations and penalties.

§  588.  Violations  and  penalties.  1. Any health services purveyor,  clinical laboratory, or any agent, employee or  fiduciary  of  a  health  services  purveyor or clinical laboratory who violates the provisions of  section five hundred eighty-six of this title, or any rule or regulation  adopted pursuant thereto, is guilty of a class A misdemeanor  and  shall  be punishable in accordance with the provisions of the penal law.    2.  Any  health  services purveyor, clinical laboratory, or any agent,  employee  or  fiduciary  of  a  health  services  purveyor  or  clinical  laboratory   who   violates  the  provisions  of  section  five  hundred  eighty-seven of this title, or any rule or regulation  adopted  pursuant  thereto, is guilty of a misdemeanor and shall be punishable by:    (a) a term of imprisonment in accordance with the penal law; or    (b)  a  fine  of  not less than five hundred dollars nor more than ten  thousand dollars; or    (c) if the defendant has gained money or property through a  violation  of  the  provisions  of  this section, a fine in an amount, fixed by the  court, not to exceed double the amount of the defendant's  gain  from  a  violation   of  such  provisions.  In  such  event,  the  provisions  of  subdivision three of section 80.00 of the penal law shall be  applicable  to the sentence; or    (d) both the imprisonment and the fine.