Arkansas Code § 20-7-301 et seq. sets forth civil and criminal penalties for noncompliance with provisions of the State Health Data Clearinghouse Act, Arkansas Code § 20-7-301 et seq. and of rules adopted by the State Board of Health to implement the State Health Data Clearinghouse Act, as follows:
(1)
- (A) Any person, firm, corporation, organization, or institution that violates any of the provisions of Arkansas Code § 20-7-301 et seq., or any rules promulgated thereunder, regarding confidentiality of information, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100) nor more than ($500), or by imprisonment not exceeding one (1) month, or both.
- (B) Each day of violation shall constitute a separate offense;
- (2) Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of Arkansas Code § 20-7-301 et seq., or any rules promulgated thereunder, shall be guilty of a misdemeanor and, upon a plea of guilty, a plea of nolo contendere, or conviction, shall be fined not more than five hundred dollars ($500); and
(3)
- (A) Every person, firm, corporation, organization, or institution that violates any of the rules adopted by the State Board of Health or that violates any provision of Acts 1995, No. 670 may be assessed a civil penalty by the board.
- (B) The penalty shall not exceed two hundred fifty dollars ($250) for each violation.
- (C) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.