Penalties for unlicensed operation: Medical facility or facility for dependent; residential facility for groups.
1. Except as otherwise provided in subsections 2 and 3, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.
2. A person who operates a residential facility for groups without a license issued by the Health Division:
(a) Is liable for a civil penalty to be recovered by the Attorney General in the name of the Health Division for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000;
(b) Shall be required to move all of the persons who are receiving services in the residential facility for groups to a residential facility for groups that is licensed at his own expense; and
(c) May not apply for a license to operate a residential facility for groups for a period of 6 months after he is punished pursuant to this section.
3. Unless otherwise required by federal law, the Health Division shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the protection of the health, safety and well-being of patients, including residents of residential facilities for groups.
Last modified: February 26, 2006