§ 12. Violations of health laws or regulations; penalties and
injunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of
this subdivision, any person who violates, disobeys or disregards any
term or provision of this chapter or of any lawful notice, order or
regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed by law, shall be liable to the people of the state
for a civil penalty of not to exceed two thousand dollars for every such
violation.

(b) The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed five thousand dollars for a
subsequent violation if the person committed the same violation, with
respect to the same or any other person or persons, within twelve months
of the initial violation for which a penalty was assessed pursuant to
paragraph (a) of this subdivision and said violations were a serious
threat to the health and safety of an individual or individuals.

(c) The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed ten thousand dollars if the
violation directly results in serious physical harm to any patient or
patients.

Effective on and after April first, two thousand eight the comptroller
is hereby authorized and directed to deposit amounts collected in excess
of two thousand dollars per violation to the patient safety center
account to be used for purposes of the patient safety center created by
title two of article twenty-nine-D of this chapter.

* NB Effective until April 1, 2026

* 1. Any person who violates, disobeys or disregards any term or
provision of this chapter or of any lawful notice, order or regulation
pursuant thereto for which a civil penalty is not otherwise expressly
prescribed by law, shall be liable to the people of the state for a
civil penalty of not to exceed two thousand dollars for every such
violation.

* NB Effective April 1, 2026

2. The penalty provided for in subdivision one of this section may be
recovered by an action brought by the commissioner in any court of
competent jurisdiction.

3. Nothing in this section contained shall be construed to alter or
repeal any existing provision of law declaring such violations or any of
them to be misdemeanors or felonies or prescribing the penalty therefor.

4. Such civil penalty may be released or compromised by the
commissioner before the matter has been referred to the attorney
general, and where such matter has been referred to the attorney
general, any such penalty may be released or compromised and any action
commenced to recover the same may be settled and discontinued by the
attorney general with the consent of the commissioner.

5. It shall be the duty of the attorney general upon the request of
the commissioner to bring an action for an injunction against any person
who violates, disobeys or disregards any term or provision of this
chapter or of any lawful notice, order or regulation pursuant thereto;
provided, however, that the commissioner shall furnish the attorney
general with such material, evidentiary matter or proof as may be
requested by the attorney general for the prosecution of such an action.

6. It is the purpose of this section to provide additional and
cumulative remedies, and nothing herein contained shall abridge or alter
rights of action or remedies now or hereafter existing, nor shall any
provision of this section, nor any action done by virtue of this
section, be construed as estopping the state, persons or municipalities
in the exercising of their respective rights to suppress nuisances or to
prevent or abate pollution.