1. a. The department may deny, revoke, or suspend a license, or impose an administrative fine not to exceed five hundred dollars per violation per day, for the violation of this chapter or any administrative rule. Each day of violation constitutes a separate violation and is subject to a separate fine.
b. In determining the amount of the fine to be levied for a violation, as provided in paragraph "a", the following factors shall be considered:
(1) The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter and administrative rules were violated.
(2) Actions taken by the licensee to correct the violations or to remedy complaints.
(3) Any previous violations by the licensee.
c. All amounts collected pursuant to this section shall be deposited into the general fund of the state.
2. The department may issue an emergency order immediately suspending or revoking a license when the department determines that any condition in the licensed birth center presents a clear and present danger to the public health and safety.
3. The department may impose an immediate moratorium on elective admissions to any licensed birth center, building or portion thereof, or service when the department determines that any condition in the birth center presents a threat to the public health or safety.
87 Acts, ch 200, § 19
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