laboratory - Disclosure of financial interest or remuneration - Disciplinary actions - Injunctions. A. Any health or mental health care professional or health care provider who refers patients or clients to a testing center or laboratory shall provide written disclosure to such patient or client or the guardian of such patient or client of any financial interest of the professional or provider in the center or laboratory or any remuneration received by the professional or provider for referrals to the center or laboratory. Provided, however, that disclosure shall not be required where: 1. The testing center or laboratory is an extension of or ancillary to the health or mental health care professional's or health care provider's practice; 2. The testing center or laboratory is not a separate business entity and is not billed as a separate entity; and 3. The health or mental health care professional or health care provider provides for and supervises the services at the facility. B. Any person who has been determined to be in violation of subsection A of this section by the State Board of Health, after notice and a hearing by the Board shall be subject to a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00). C. In addition to any other penalties or remedies provided by law: 1. A violation of this section by a health or mental health care professional or health care provider shall be grounds for disciplinary action by the state agency licensing, certifying or registering such professional or provider; and 2. A state agency licensing, certifying or registering such professional or provider may institute an action to enjoin violation or potential violation of this section. The action for an injunction shall be in addition to any other action, proceeding or remedy authorized by law.
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