§ 40-9-17 - Confidentiality of reports – Authorized uses – Penalty for disclosure.
SECTION 40-9-17
§ 40-9-17 Confidentiality of reports– Authorized uses – Penalty for disclosure. – (a) All reports mentioned in § 40-9-15 are hereby declared to constituteconfidential matter. It shall be unlawful for any person to make use of, orcause to be used, any information contained in the reports for purposes notdirectly connected with the administration of services for people who are blindor visually impaired or the division of motor vehicles, except with the consentof the individual concerned.
(b) The director of human services shall have the power toestablish rules and regulations governing the custody, use, and preservation ofthe reports, which shall have the same force and effect as law. The reportsshall be produced in response to a subpoena duces tecum properly issued by anyfederal or state court; provided, however, that the purpose for which thesubpoena is sought is directly connected with the administration of servicesfor people who are blind or visually impaired. No subpoena shall be issued by acourt asking either for the reports, or for persons having custody or access tothe reports, unless the litigation involved in the matter is directly connectedwith the administration of services for people who are blind or visuallyimpaired.
(c) Any person violating any of the provisions of thissection, or the lawful rules and regulations made hereunder, shall be deemedguilty of a misdemeanor, and shall be fined not more than two hundred dollars($200) or shall be imprisoned for not more than six (6) months, or both.
(d) Nothing in this section shall be deemed to prohibit thedirector of the department of human services, or his or her agents dulyauthorized for that purpose, from issuing any statistical material or data, orpublishing or causing the data to be published whenever he or she shall deem itto be in the public interest.