Penalties

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  1. (a) A physician or other healthcare provider who willfully fails to transfer in accordance with § 20-17-207 is guilty of a Class A misdemeanor.

  2. (b) A physician who willfully fails to record the determination of terminal condition or permanent unconsciousness in accordance with § 20-17-205 is guilty of a Class A misdemeanor.

  3. (c) An individual who willfully conceals, cancels, defaces, or obliterates the declaration of another without the declarant's consent or who falsifies or forges a revocation of the declaration of another is guilty of a Class A misdemeanor.

  4. (d) An individual who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in § 20-17-204, is guilty of a Class D felony.

  5. (e) An individual who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, healthcare services is guilty of a Class D felony.

  6. (f) A person who coerces or fraudulently induces another to execute a declaration under this subchapter is guilty of a Class D felony.

  7. (g) The sanctions provided in this section do not displace any sanction applicable under other law.


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