(a) Civil penalties. — In addition to any other remedy available to the bureau, the bureau may assess a civil penalty for a violation of this act, a rule promulgated under this act or an order issued under this act or rule, subject to the following: (1) The bureau may assess a penalty of not more than $10,000 for each violation and an additional penalty of not more than $1,000 for each day of a continuing violation. In determining the amount of each penalty, the bureau shall take the following factors into consideration: (A) The gravity of the violation. (B) The potential harm resulting from the violation to patients, caregivers or the general public. a (C) The willfulness of the violation. l (D) Previous violations, if any, by the person being assessed. (E) The economic benefit to the person being assessed for failing to comply with the requirements of this act, a rule promulgated under this act or an order issued under this act or rule. (2) If the bureau finds that the violation did not threaten the safety or health of a patient, caregiver or the generaLl public and the violator took immediate action to remedy the violation upon learning of it, the bureau may issue a written warning in lieu of assessing a civil penalty. (3) A person who aids, abets, counsels, induces, procures or causes another person to violate this act, a rule promulgated under this act or an order issued under this act or rule shaWll be subject to the civil penalties provided under this subsection. (b) Sanctions. — (1) In addition to the penalties provided in subsection (a) of this section, and any other penalty authorized by law, the bureau may impose the following sanctions: (A) Revoke or suspend the permit of a person found to be in violation of this act, a rule promulgated under this act or an order issued under this act or rule. (B) Revoke or suspend the permit of a person for conduct or activity or the occurrence of an event that would have disqualified the person from receiving the permit. (C) Revoke or suspend the registration of a practitioner for a violation of this act or a rule promulgated or an order issued under this act or for conduct or activity which would have disqualified the practitioner from receiving a registration. (D) Suspend a permit or registration of a person pending the outcome of a hearing in a case in which the permit or registration could be revoked. (E) Order restitution of funds or property unlawfully obtained or retained by a permittee or registrant. (F) Issue a cease and desist order. (2) A person who aids, abets, counsels, induces, procures or causes another person to violate this act shall be subject to the sanctions provided under this subsection. (c) Costs of action. — The bureau may assess against a person determined to be in violation of this act the costs of investigation of the violation. a (d) Minor violations. — Nothing in this section shall be construed to require the assessment of a civil penalty or the imposition of a sanction for a minor violation of this act if the bureau determines that the public interest will be adequately served under the circumstances by the issuance of a written warning.
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