Penalties & Fines

Under HIPAA, non-compliance for the improper disclosure of PHI.

Can result in civil penalties of up to $100 per violation and up to $25,000 per person in any calendar year

Failure to report pharmacist has active addictive disease, diverting CS, mentally or physically incompetent

Failure to provide such report within a reasonable time from receipt of knowledge of impairment shall subject the person or facility to a fine not to exceed one thousand dollars ($1,000).

Criminal Penalties for Unlawful Acts

Imprisonment for not more than 1 year or pay a fine of not more than $5000, or both. For each subsequent offense, shall be sentenced to undergo imprisonment of not more than 3 years or to pay a fine of not more than $15,000. [In addition to any other civil remedy or criminal penalty the board, by a vote of the majority may levy a civil penalty of up to $1,000 on any current licensee who violates any provision of the act or on any person who practices pharmacy without being properly licensed]

Burglary or robbery

Maximum $25,000 fine and/or 20 years imprisonment​ Dangerous weapon was used to carry out the crime - a maximum $35,000 fine and/or 25 years imprisonment.​ If death resulted from the crime - a maximum $50,000 fine and/or life imprisonment

Under HIPAA, non-compliance, if disclosure was done intentionally, or with knowledge that the information was protected, but was nevertheless disclosed, criminal sanctions can be imposed.

Penalties for an individual that knowingly permits uses or discloses PHI improperly can be as harsh as a $50,000 fine, and up to 1 year in jail.

Violations to Dextromethorphan Sales

are subject to a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation

Falsifies written or electronic logbook required under Combat Methamphetamine Epidemic Act

fined not more than $250,000 if an individual or $500,000 if an organization, imprisoned not more than five years, or both

Under HIPAA, where the covered entity uses PHI for "commercial advantage, personal gain or malicious harm."

fines of up to $250,000 and/or 10 years in prison can be imposed

Under HIPAA, if an individual uses PHI under false pretenses

the penalty can increase to $100,000 and/or up to 5 years in jail.