§ 23-4.11-9 - Penalties.
SECTION 23-4.11-9
§ 23-4.11-9 Penalties. – (a) Failure of a physician to transfer a patient pursuant to § 23-4.11-7shall constitute "unprofessional conduct" as that term is used in §5-37-5.1.
(b) Failure of a physician to record the determination ofterminal condition pursuant to § 23-4.11-5 shall constitute"unprofessional conduct" as that term is used in § 5-37-5.1.
(c) Any person who willfully conceals, cancels, defaces, orobliterates the declaration of another absent the declarant's consent ordirection or who falsifies or forges a revocation of the declaration of anothershall be imprisoned for no less than six (6) months but no more than one year,or shall be fined not less than two thousand dollars ($2,000) but no more thanfive thousand dollars ($5,000).
(d) Any person who falsifies or forges the declaration ofanother, or willfully conceals or withholds personal knowledge of a revocationas provided in § 23-4.11-4 with the intent to cause a withholding orwithdrawal of life sustaining procedures, shall be imprisoned for no less thanone year but no more than five (5) years, or shall be fined not less than fivethousand dollars ($5,000) but no more than ten thousand dollars ($10,000).
(e) In addition to the sanctions and/or penalties mentionedin this section, any physician or person referred to in this section or inviolation of this section, shall be civilly liable.