HAR §17-1702-8. Penalty

(a) Any person who fails to safeguard confidential information or who violates rules governing the confidential nature of DHS UNOFFICIAL 1702-8 information may be prosecuted for a violation. Violators shall include, but shall not be limited to: (1) Any person, including any person who acquires information through authorized inspection, who, knowing the information to have been acquired from the records or files of the department, intentionally divulges the information other than as authorized by law; and (2) A person who intentionally and knowingly aids or abets an unauthorized person in the inspection of the records or files. (b) If the court determines that DHS acted in a willful and intentional manner in failing to properly maintain the case record, the provisions of section 92F-17, HRS, shall apply. (c) Any person or institution who wilfully violates any provision of the HIV/AIDS confidentiality statute shall be penalized in accordance with HRS section 325-102. [Eff 08/01/94 ] (Auth: HRS §§92F-17, 346-10, 346-14, 325-101) (Imp: HRS §§92F-11, 346-11, 346-14, 325-101; 42 C.F.R. §431.304)