---
kind: "section"
citation: "42 C.F.R. § 3.208"
title: "42"
number: "3.208"
heading: "Continued protection of patient safety work product."
url: "https://uscodex.org/cfr/42/3.208"
---

# §3.208. Continued protection of patient safety work product.

- (a) Except as provided in [paragraph (b)](#b) of this section, patient safety work product disclosed in accordance with this subpart, or disclosed impermissibly, shall continue to be privileged and confidential.
- (b)
  - (1) Patient safety work product disclosed for use in a criminal proceeding pursuant to section 922(c)(1)(A) of the Public Health Service Act, [42 U.S.C. 299b-22(c)(1)(A)](/usc/42/299b-22.md?p=c-1-A), and/or pursuant to [§ 3.206(b)(1)](/cfr/42/3.206.md?p=b-1) of this subpart continues to be privileged, but is no longer confidential.
  - (2) Non-identifiable patient safety work product that is disclosed is no longer privileged or confidential and not subject to the regulations under this part.
  - (3) [Paragraph (b)](#b) of this section applies only to the specific patient safety work product disclosed.

## Notes

### Authority

Authority: 42 U.S.C. 216, 299b-21 through 299b-26; 42 U.S.C. 299c-6.

### Source

Source: 73 FR 70796, Nov. 21, 2008, unless otherwise noted.