(1) A licensee, a community mental health services program, or a person acting on behalf of or for the benefit of a licensee or community mental health services program shall not pay or give or offer to pay or give any money or other consideration or thing of value, directly or indirectly, to a person in return for a referral of a patient.

    (2) A licensee or community mental health services program that violates this section, or on whose behalf or for whose benefit a person violates this section, shall for the first violation be subject to an administrative fine equal to 3 times the amount paid for the referral. A licensee that fails to pay the administrative fine to the department or that violates or on whose behalf or for whose benefit a person violates this section a second or subsequent time shall have its license suspended for at least 1 month under section 144. A community mental health services program that fails to pay the administrative fine to the department or that violates or on whose behalf or for whose benefit a person violates this section a second or subsequent time is subject to an administrative fine equal to 6 times the amount paid for the referral and to an immediate certification review by the department.