58-37f-601 - Unlawful release or use of database information -- Criminal and civil penalties.
58-37f-601. Unlawful release or use of database information -- Criminal and civilpenalties.
(1) Any person who knowingly and intentionally releases any information in the databasein violation of the limitations under Part 3, Access, is guilty of a third degree felony.
(2) (a) Any person who obtains or attempts to obtain information from the database bymisrepresentation or fraud is guilty of a third degree felony.
(b) Any person who obtains or attempts to obtain information from the database for apurpose other than a purpose authorized by this chapter or by rule is guilty of a third degreefelony.
(3) (a) Except as provided in Subsection (3)(e), a person may not knowingly andintentionally use, release, publish, or otherwise make available to any other person anyinformation obtained from the database for any purpose other than those specified in Part 3,Access.
(b) Each separate violation of this Subsection (3) is a third degree felony and is alsosubject to a civil penalty not to exceed $5,000.
(c) The procedure for determining a civil violation of this Subsection (3) shall be inaccordance with Section 58-1-108, regarding adjudicative proceedings within the division.
(d) Civil penalties assessed under this Subsection (3) shall be deposited in the GeneralFund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
(e) Nothing in this Subsection (3) prohibits a person who obtains information from thedatabase under Subsection 58-37f-301(2)(d) or (e) from:
(i) including the information in the person's medical chart or file for access by a personauthorized to review the medical chart or file; or
(ii) providing the information to a person in accordance with the requirements of theHealth Insurance Portability and Accountability Act of 1996.
Enacted by Chapter 287, 2010 General Session