§ 26-23F-7 — Remedies and Penalties

(a) In addition to other remedies available under law or common law of this state, violation of any provision of Section 26-23F-5 shall:
(1) Provide a basis for recovery in a civil action for the parent or parents of the infant or the parent, parents, or guardian of the mother, if the mother is a minor, for experimentation upon bodily remains. Any relief awarded shall include:
a. Money damages for all psychological injuries occasioned by any violation of this chapter.
b. Statutory damages equal to three times the cost of the mother’s delivery or abortion.
(2) Provide a basis for professional disciplinary action by regulatory bodies for the suspension or revocation of any license for physicians, licensed vocational and registered nurses, or other licensed or regulated health care providers.
(b) Any conviction of any health care provider for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and the license shall be reinstated after that time only under such conditions as the appropriate state regulatory body shall require to ensure compliance with this chapter.

Legislative History

(Act 2016-140, §7.)