If a physician treating a Penalty Group 1 overdose fails to report to the Department of State Health Services, what is the consequence?

• A. Misdemeanor and 6 months in jail
• B. Fine and probation
• C. Reprimand
• D. License suspension

Answer: (A)

Mandatory reporting of Penalty Group 1 overdoses to the Department of State Health Services is a legal duty for physicians. When this reporting obligation is not met, the statute imposes a criminal penalty: a misdemeanor with up to six months in jail. This consequence reflects the law’s focus on ensuring public health surveillance, treating failure to report as a criminal offense rather than an administrative sanction from the medical board (like a reprimand or license suspension) or a mere civil/financial consequence. The key idea is that not reporting triggers criminal liability, not a disciplinary action against the physician’s license.