Ky. Rev. Stat. § 311.990

Current through 2024 Ky. Acts ch. 225

Section 311.990 - Penalties

(1) Any person who violates KRS 311.250 shall be guilty of a violation.

(2) Any college or professor thereof violating the provisions of KRS 311.300 to 311.350 shall be civilly liable on his or her bond for a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation, which may be recovered by an action in the name of the Commonwealth.

(3) Any person who presents to the county clerk for the purpose of registration any license which has been fraudulently obtained, or obtains any license under KRS 311.380 to 311.510 by false or fraudulent statement or representation, or practices podiatry under a false or assumed name or falsely impersonates another practitioner or former practitioner of a like or different name, or aids and abets any person in the practice of podiatry within the state without conforming to the requirements of KRS 311.380 to 311.510, or otherwise violates or neglects to comply with any of the provisions of KRS 311.380 to 311.510, shall be guilty of a Class A misdemeanor. Each case of practicing podiatry in violation of the provisions of KRS 311.380 to 311.510 shall be considered a separate offense.

(4) Each violation of KRS 311.560 shall constitute a Class D felony.

(5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under this subsection of a holder of a license or permit shall result automatically in permanent revocation of such license or permit.

(6) Conviction of willfully resisting, preventing, impeding, obstructing, threatening, or interfering with the board or any of its members, or of any officer, agent, inspector, or investigator of the board or the Cabinet for Health and Family Services, in the administration of any of the provisions of KRS 311.550 to 311.620 shall be a Class A misdemeanor.

(7) Each violation of KRS 311.375(1) shall, for the first offense, be a Class B misdemeanor, and, for each subsequent offense shall be a Class A misdemeanor.

(8) Each violation of KRS 311.375(2) shall, for the first offense, be a violation, and, for each subsequent offense, be a Class B misdemeanor.

(9) Each day of violation of either subsection of KRS 311.375 shall constitute a separate offense.

(10)

(a) Any person who intentionally or knowingly performs an abortion contrary to the requirements of KRS 311.723(1) shall be guilty of a Class D felony.

(b) Any person who intentionally, knowingly, or recklessly violates the requirements of KRS 311.723(2) shall be guilty of a Class A misdemeanor.

(11)

(a)

1. Any physician who performs a partial-birth abortion in violation of KRS 311.765 shall be guilty of a Class D felony. However, a physician shall not be guilty of the criminal offense if the partial-birth abortion was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.

2. A physician may seek a hearing before the State Board of Medical Licensure on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury. The board's findings, decided by majority vote of a quorum, shall be admissible at the trial of the physician. The board shall promulgate administrative regulations to carry out the provisions of this subparagraph.

3. Upon a motion of the physician, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing, referred to in subparagraph 2. of this paragraph, to occur.

(b) Any person other than a physician who performs a partial-birth abortion shall not be prosecuted under this subsection but shall be prosecuted under provisions of law which prohibit any person other than a physician from performing any abortion.

(c) No penalty shall be assessed against the woman upon whom the partial-birth abortion is performed or attempted to be performed.

(12)

(a) Except as provided in KRS 311.732(12), any person who intentionally, knowingly, or recklessly performs an abortion upon a minor without obtaining the required consent pursuant to KRS 311.732 shall be guilty of a Class D felony.

(b) Except as provided in paragraph (a) of this subsection, any person who intentionally or knowingly fails to conform to any requirement of KRS 311.732 is guilty of a Class A misdemeanor.

(c) Any person who negligently releases information or documents which are confidential under KRS 311.732 is guilty of a Class B misdemeanor.

(13) Any person who performs an abortion upon a married woman either with knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.

(14) Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony.

(15) Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.

(16) Any person who violates KRS 311.770 shall be guilty of a Class D felony.

(17) Except as provided in KRS 311.787(3), any person who intentionally violates KRS 311.787 shall be guilty of a Class D felony.

(18) A person convicted of violating KRS 311.780 shall be guilty of a Class C felony.

(19) Except as provided in KRS 311.782(6), any person who intentionally violates KRS 311.782 shall be guilty of a Class D felony.

(20) Any person who violates KRS 311.783(1) shall be guilty of a Class B misdemeanor.

(21) Any person who violates KRS 311.7705(1) is guilty of a Class D felony.

(22) Any person who violates KRS 311.7706(1) is guilty of a Class D felony.

(23) Except as provided in KRS 311.731(7), any person who violates KRS 311.731(2) shall be guilty of a Class D felony.

(24) Any physician, physician assistant, advanced practice registered nurse, nurse, or other healthcare provider who intentionally violates KRS 311.823(2) shall be guilty of a Class D felony. As used in this subsection, "healthcare provider" has the same meaning as in KRS 311.821.

(25) Any person who violates KRS 311.810 shall be guilty of a Class A misdemeanor.

(26) Any professional medical association or society, licensed physician, or hospital or hospital medical staff who shall have violated the provisions of KRS 311.606 shall be guilty of a Class B misdemeanor.

(27) Any administrator, officer, or employee of a publicly owned hospital or publicly owned health care facility who performs or permits the performance of abortions in violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor.

(28) Any person who violates KRS 311.905(3) shall be guilty of a violation.

(29) Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A misdemeanor.

(30) Any person who fails to test organs, skin, or other human tissue which is to be transplanted, or violates the confidentiality provisions required by KRS 311.281, shall be guilty of a Class A misdemeanor.

(31) Any person who sells or makes a charge for any transplantable organ shall be guilty of a Class D felony.

(32) Any person who offers remuneration for any transplantable organ for use in transplantation into himself or herself shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000).

(33) Any person brokering the sale or transfer of any transplantable organ shall be guilty of a Class C felony.

(34) Any person charging a fee associated with the transplantation of a transplantable organ in excess of the direct and indirect costs of procuring, distributing, or transplanting the transplantable organ shall be fined not less than fifty thousand dollars ($50,000) nor more than five hundred thousand dollars ($500,000).

(35) Any hospital performing transplantable organ transplants which knowingly fails to report the possible sale, purchase, or brokering of a transplantable organ shall be fined not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).

(36)

(a) Any physician or qualified technician who violates KRS 311.727 shall be fined not more than one hundred thousand dollars ($100,000) for a first offense and not more than two hundred fifty thousand dollars ($250,000) for each subsequent offense.

(b) In addition to the fine, the court shall report the violation of any physician, in writing, to the Kentucky Board of Medical Licensure for such action and discipline as the board deems appropriate.

(37) Any person who violates KRS 311.691 shall be guilty of a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense. In addition to any other penalty imposed for that violation, the board may, through the Attorney General, petition a Circuit Court to enjoin the person who is violating KRS 311.691 from practicing genetic counseling in violation of the requirements of KRS 311.690 to 311.700.

(38) Any person convicted of violating KRS 311.728 shall be guilty of a Class D felony.

(39)

(a) A person who intentionally, knowingly, or recklessly violates KRS 311.7731 to 311.7739 is guilty of a Class D felony.

(b) No criminal penalty may be assessed against a pregnant patient upon whom a drug-induced abortion is attempted, induced, or performed.

KRS 311.990

Effective: January 22, 2021

Amended 2021 Ky. Acts ch. 1, sec. 10, effective January 22, 2021. -- Amended 2019 Ky. Acts ch. 20, sec. 14, effective July 1, 2019; and ch. 37, sec. 5, effective July 1, 2019. -- Amended 2018 Ky. Acts ch. 142, sec. 2, effective April 10, 2018; and ch. 187, sec. 9, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 2, sec. 2, effective January 9, 2017; ch. 5, sec. 8, effective January 9, 2017; and ch. 107, sec. 8, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 175, sec. 6, effective July 12, 2006; and ch. 248, sec. 9, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 590, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 211, sec. 42, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 262, sec. 34, effective July 14, 2000; and ch. 343, sec. 25, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 545, effective July 15, 1998; ch. 578, sec. 4, effective July 15, 1998; and ch. 614, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 447 sec. 6, effective July 14, 1992; and ch. 463, sec. 35, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 443, sec. 63, effective July 13, 1990; and ch. 495, sec. 10, effective January 1, 1991. -- Amended 1986 Ky. Acts ch. 375, sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 342, sec. 10, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 64, sec. 2, effective June 1, 1980; ch. 188, sec. 258, effective July 15, 1980; and ch. 225, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 107, sec. 12; ch. 205, sec. 14; and ch. 211, sec. 12. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1); and ch. 255, sec. 17(1) to (6). -- Amended 1972 Ky. Acts ch. 218, sec. 18. -- Amended 1966 Ky. Acts ch. 255, sec. 244. -- Amended 1952 Ky. Acts ch. 150, secs. 17 and 18; ch. 197, sec. 8; and ch. 198, sec. 3. -- Amended 1950 Ky. Acts ch. 86, sec. 24. -- Amended 1948 Ky. Acts ch. 176, sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2615, 2615-3, 2618, 2618a-4, 2618a-12, 2618b-2, 2618b-4, 2651.

Amended by 2023 Ky. Acts ch. 150,§ 2, eff. 6/28/2023.

Amended by 2022 Ky. Acts ch. 210,§ 3, eff. 4/14/2022.

Amended by 2021 Ky. Acts ch. 1,§ 10, eff. 1/22/2021.

Amended by 2019 Ky. Acts ch. 37,§ 5, eff. 3/19/2019.

Amended by 2019 Ky. Acts ch. 20,§ 14, eff. 3/15/2019.

Amended by 2018 Ky. Acts ch. 187,§ 9, eff. 7/1/2019.

Amended by 2018 Ky. Acts ch. 142,§ 2, eff. 4/10/2018.

Amended by 2017 Ky. Acts ch. 107,§ 8, eff. 6/29/2017.

Amended by 2017 Ky. Acts ch. 5,§ 8, eff. 1/9/2017.

Amended by 2017 Ky. Acts ch. 2,§ 2, eff. 1/9/2017.

Effective:7/12/2006
Amended 2006, Ky. Acts ch. 175, sec. 6, effective7/12/2006; and ch. 248, sec. 9, effective7/12/2006. -- Amended 2005, Ky. Acts ch. 99, sec. 590, effective 6/20/2005. -- Amended 2002, Ky. Acts ch. 211, sec. 42, effective 7/15/2002. --Amended 2000, Ky. Acts ch. 262, sec. 34, effective 7/14/2000; and ch. 343, sec. 25, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 426, sec. 545, effective 7/15/1998; ch. 578, sec. 4, effective 7/15/1998; and ch. 614, sec. 3, effective 7/15/1998. -- Amended 1992 Ky. Acts ch. 447 sec. 6, effective 7/14/1992; and ch. 463, sec. 35, effective 7/14/1992. -- Amended 1990 Ky. Acts ch. 443, sec. 63, effective 7/13/1990; and ch. 495, sec. 10, effective 1/1/1991. -- Amended 1986 Ky. Acts ch. 375, sec. 2, effective 7/15/1986. -- Amended 1982 Ky. Acts ch. 342, sec. 10, effective 7/15/1982. -- Amended 1980 Ky. Acts ch. 64, sec. 2, effective 6/1/1980; ch. 188, sec. 258, effective 7/15/1980; and ch. 225, sec. 2, effective 7/15/1980. -- Amended 1978 Ky. Acts ch. 107, sec. 12; ch. 205, sec. 14; and ch. 211, sec. 12. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1); and ch. 255, sec. 17(1) to (6). -- Amended 1972 Ky. Acts ch. 218, sec. 18. -- Amended 1966 Ky. Acts ch. 255, sec. 244. -- Amended 1952 Ky. Acts ch. 150, secs. 17 and 18; ch. 197, sec. 8; and ch. 198, sec. 3. -- Amended 1950 Ky. Acts ch. 86, sec. 24. -- Amended 1948 Ky. Acts ch. 176, sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 2615, 2615-3, 2618, 2618a-4, 2618a-12, 2618b-2, 2618b-4, 2651.

Legislative Research Commission Note (3/19/2019). 2019 Ky. Acts ch. 37, sec.8, provides that 2019 Ky. Acts ch. 37 may be cited as the "Human Rights of the Unborn Child and Anti-discrimination Act." This statute was amended in Section 5 of that Act.

Legislative Research Commission Note (1/9/2017). 2017 Ky. Acts ch. 2, sec. 3 provides that the amendments made to this statute in 2017 Ky. Acts ch. 2, sec. 2 and KRS 311.727 created in Section 1 of that Act shall be known and may be cited as the Ultrasound Informed Consent Act.