Penalties for noncompliance with this article

A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction: (1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense. (2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.