42 CFR 3.402 : Public Health (Part 1 To Parts 1009-1099) — (Part 1 To Chapters Ii-Iii) — Public Health Service, Department Of Health And Human Services (Part 1 To Parts 138-199) — General Provisions (Part 1 To § 10.21) — Patient Safety Organizations And Patient Safety Work Product (§ 3.10 To § 3.552) — Enforcement Program (§ 3.304 To § 3.552) — Basis for a civil money penalty.

(a) General rule. A person who discloses identifiable patient safety work product in knowing or reckless violation of the confidentiality provisions shall be subject to a civil money penalty for each act constituting such violation.

(b) Violation attributed to a principal. A principal is independently liable, in accordance with the federal common law of agency, for a civil money penalty based on the act of the principal's agent, including a workforce member, acting within the scope of the agency if such act could give rise to a civil money penalty in accordance with § 3.402(a) of this subpart.