§ 63-1-737.5. Failure to post signage in abortion facilities – Fine – Cause of action.

A.  Any private office, freestanding outpatient clinic or other facility or clinic that fails to post a required sign in knowing, reckless, or negligent violation of this act shall be assessed an administrative fine of Ten Thousand Dollars ($10,000.00).  Each day on which an abortion, other than an abortion necessary to prevent the death of the pregnant female, is performed, induced, prescribed for, or where the means for an abortion are provided in a private office, freestanding outpatient clinic or other facility or clinic in which the required sign is not posted during any portion of business hours when patients or prospective patients are present is a separate violation.

B.  An action may be brought by or on behalf of an individual injured by the failure to post the required sign.  A plaintiff in an action under this subsection may recover damages for emotional distress and any other damages allowed by law.

C.  The sanctions and actions provided in this section shall not displace any sanction applicable under other law.

Added by Laws 2010, c. 163, § 2, emerg. eff. April 22, 2010.