42 CFR § 3.402 - Basis for a civil money penalty.

---
identifier: "/us/cfr/t42/s3.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 3.402 - Basis for a civil money penalty."
title_number: 42
title_name: "Public Health"
section_number: "3.402"
section_name: "Basis for a civil money penalty."
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL PROVISIONS"
part_number: "3"
part_name: "PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 216, 299b-21 through 299b-26; 42 U.S.C. 299c-6."
regulatory_source: "73 FR 70796, Nov. 21, 2008, unless otherwise noted."
cfr_part: "3"
---


# 3.402 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.