935 Mass. Reg. 500.820

Current through Register 1520, April 26, 2024

Section 500.820 - Confidentiality

(1) All records made or received by the Commission shall be public records and shall be available for disclosure on request pursuant to this section and 950 CMR 32.00: Public Records Access, except the following, which shall be exempt from disclosure to the extent permitted by law:

(a) All records exempt from disclosure pursuant to M.G.L. c. 4, § 7, cl. 26;

(b) All records to the extent that they contain "personal data" pursuant to M.G.L. c. 66, § 10;

(c) All records to the extent that they contain "personal information" pursuant to M.G.L. c. 93H, § 1;

(d) All records which contain CORI as defined by 803 CMR 2.02: Definitions;

(e) All records which contain CHRI as defined by 803 CMR 7.02: Definitions; and

(f) All Confidential Records as defined in 935 CMR 500.002.

(2) All records protected from disclosure under 935 CMR 500.820(1) or pursuant to the laws of any Other Jurisdiction may be disclosed by the Commission:

(a) If disclosure is required pursuant to a state or federal law;

(b) To the individual or the individual's authorized representative, if the individual executes a written release in a form and manner determined by the Commission;

(c) To the Commission staff for the purpose of carrying out their official duties;

(d) To the Commission Delegee(s) as authorized by the Commission;

(e) To other government officials and agencies acting within their lawful jurisdiction which includes, but is not limited to, law enforcement personnel;

(f) To a healthcare professional who has a Bona Fide Healthcare Professional-Patient Relationship with the Qualifying Patient to facilitate dispensing of Medical-use Marijuana;

(g) To an MTC or any state agency to facilitate the dispensing of Medical-use Marijuana;

(h) To the Commission staff if required in the course of an administrative or a judicial proceeding; or

(i) If an individual or entity obtains an order from a court of competent jurisdiction.

(3) Nothing in 935 CMR 500.820 shall prevent the Commission from acting in accordance with its authority.