(a) The following acts, if committed unlawfully,
purposely and with the intent to deceive, shall be felonies punishable by a
fine of not more than five thousand dollars ($5,000) or imprisonment of not
more than five (5) years, or both:
(1) furnishing false or fraudulent information affecting any certificate,
record or report required by this chapter; or
(2) making, counterfeiting, altering, amending or mutilating of any
certificate, record or report, or any certified copy of a certificate,
record, or report authorized by this chapter; or
(3) obtaining, possessing, using, selling, or furnishing, or attempting
to obtain, possess, use, sell, or furnish, any certificate, record, or
report, or certified copy of a certificate, record, or report, which has
been unlawfully made, counterfeited, altered, amended, or mutilated; or
(4) furnishing, selling or using any certificate, record or report, or
any certified copy of a certificate, record or report, authorized by this
chapter for the purpose of misrepresenting the age or identity of a person
or misrepresenting the facts relating to a birth, death or adoption.
(b) The following acts, if committed with knowledge, recklessness or with
criminal negligence, shall be misdemeanors punishable by a fine of not more
than one thousand dollars ($1,000) or imprisonment of not more than one (1)
year, or both:
(1) except where a different penalty is provided by this section,
violating any of the provisions of this chapter or the regulations
promulgated pursuant to this chapter by the board; or
(2) neglecting or refusing to perform any of the duties imposed pursuant
to this chapter; or
(3) transporting, accepting for transport, interring, or otherwise
disposing of a dead body or stillborn fetus without a permit or other
authorization issued in accordance with the provisions of this chapter.
(c) In addition to the other penalties herein prescribed, any employee or
officer of the department who knowingly, recklessly or negligently discloses
any information in violation of section 39-270, Idaho Code, shall be subject
to immediate dismissal from employment.
(d) In addition to any other sanction or penalty authorized by law, the
registrar may hereby impose a fine which may not exceed two hundred fifty
dollars ($250) for each violation wherein a physician, hospital administrator
or his designee, or other birth attendants, or coroner/deputy, or funeral
director/mortician fails to sign a birth, or death or stillbirth certificate
within fifteen (15) days of the death or within fifteen (15) days of the
birth. Notice of intent to impose such fine must be given by the registrar to
the alleged violator. Each day that a violation continues following the giving
of the notice of intent may constitute a violation and the registrar may
impose a fine which may not exceed fifty dollars ($50.00) per day. In
determining the amount of any fine to be imposed for a violation, the
registrar shall consider the following factors:
(1) the gravity of the violation or extent to which the provisions of the
applicable statute or rule were violated;
(2) any action taken by the alleged violator to correct the violation or
assure that the violation will not reoccur;
(3) any previous violation. |
