Section 146-4-8 - RELEASE OF RESTRICTED RECORDS AND DATAA.Department may limit access. The Department may impose reasonable conditions as to the use and re-disclosure of information and may limit access to the minimum necessary to fulfill the administrative or statistical purposes for which the data is requested.B.Authorized applicants. At the discretion of the State Registrar, restricted vital statistics data, reports and records may be released to the following applicants based upon the intended purposes or uses of such restricted data: 1. The National Center for Health Statistics and other federal agencies upon receipt of a contract, purchase order or other agreement, on other than the prescribed application form.2. Other state vital statistics offices which have signed the current Inter-Jurisdictional Exchange of Vital Records Agreement.3. Applicants who have presented supporting documentation to demonstrate the direct and legitimate interest in the data or record in which they are requesting as specified in Section 6. 4. Federal or State agencies, Maine local government or Tribal agencies, Maine municipal governments and Maine public school districts, any of which may require such vital statistics data for statistical or administrative purposes in the conduct of their official duties.5. Those individuals conducting health, medical and social research, including those who represent governmental agencies, which have potential for reducing morbidity and mortality within Maine, for furthering scientific understanding of disease processes or for improving health and social services.C.Additional application requirements. In addition to completing the application as specified in Section 3, applicants requesting vital statistics data for research shall provide the Department with the following: 1. The purpose for which the vital statistics data is requested and the statutory authority for this activity, if applicable, and whether further contact with the registrant, family members or other individuals will be made on the basis of vital statistics data, demonstrating that the data and further contact are essential for conduct of the agency's official duties or are essential for conduct of the research.2. Whether vital statistics data will be linked with other data and verification that such linkage, if planned, is essential and that the vital statistics data will be linked with other data bases or electronic systems only for the administrative purposes or research specified in the application.3. Description of whether, and, if so, to whom, vital statistics data will be released, demonstrating that such release meets the approved research purposes.4. Description of the procedures that will be used to maintain the confidentiality and security of identifying vital statistics data received on or through the use of records, including any intended release of vital statistics data approved by the Department. These described procedures must explain protocols consistent with the confidentiality agreement developed and maintained by the Department.5. Description of the procedures and timetable for disposition of restricted vital statistics data.6. The name and title of the individual who will be responsible for ensuring conformity with the standards for the use and release of vital statistics data.7. Written assurances, by an individual within the requesting organization who is authorized to execute agreements, that restricted vital statistics data will not be used for purposes other than those specified in the application.8. If another organization or agency will be receiving any vital statistics data, a responsible individual within that organization shall also complete and submit a separate signed confidentiality agreement agreeing to adhere to all applicable conditions of this rule and of the agreement.D.Conditions for release. The Department may release vital statistics data to an applicant only when the State Registrar is satisfied that the following criteria are met:1. Restricted or identifying vital statistics data are essential for the agency to conduct its official duties or for the conduct of the research.2. Contact with individuals on the basis of information from vital statistics data, if intended, is required for the administrative purposes specified in the application or, in the case of a research study, meets professional standards for human subject research.3. Linkages with other data bases or electronic systems, if planned, are essential for the administrative purposes specified in the application or for conduct of the research and will not lead to unauthorized disclosure of restricted vital statistics data.4. Restricted or identifying vital statistics data will not be further disclosed or used for purposes or studies other than those for which they were requested unless so authorized by the State Registrar.5. Adequate procedures are in place to secure vital statistics data from unauthorized access or use for purposes other than those for which they were requested, secured when not in use and accessed only by authorized individuals for the purposes stated in the application.6. Disposition of restricted vital statistics data will be made in a manner that will not permit unauthorized disclosure.7. A confidentiality agreementh as been signed by an individual authorized to execute agreements, stating that the agency or organization will meet with and conform to the stated conditions under which the restricted vital statistics data will be used, as specified in the application.8. Signed confidentiality agreements have been obtained from any other organization or agency that will be receiving restricted vital statistics data.9. The researcher's protocol that includes the research proposal with safeguards and approval or waiver from an Institutional Review Board (IRB) has been approved by the Department in accordance with methods prescribed by the Department.10. The DHHS Data Sharing and Protection Agreement for Research, if applicable, has been signed by Commissioner or designee as required by the Department and, upon receipt, has been provided to the researcher by the Department.E.Additional conditions for release of sealed vital records. In the case of sealed records such as adoptions, legal change of sex, legitimations or court orders, the following may be released by the Department, provided the applicant meets all other applicable requirements. 1. Adoption record release requires:a. Name of the child after adoption,b. Names of adoptive parents; and c. Adoptive parent's mailing address.2. Legal change of sex record release requires:a. Name of child after legal change of sex, and b. Town or city where the birth occurred.3. Legitimation record release requires: a. Name of child after legitimation, and b. Town or city where the birth occurred.4. Court order release, unless otherwise specified in court order, requires the: a. Name of child after court order, andb. Town or city where the birth occurred.F.Additional conditions for use of vital statistics data from other states. Use of vital statistics data obtained from other states in accordance with the Inter-Jurisdictional Exchange of Vital Records Agreement, which do not include identifying vital statistics data, may be authorized under this Section for research purposes. 1. Research requests for release of individual names or other individual identifiers require the written permission of the state where the record is officially registered.2. Administrative requests for vital statistics data obtained from other states in accordance with the Inter-Jurisdictional Exchange of Vital Records require the written permission of the state where the record is officially registered.G.Continuing use. Restricted vital statistics data may be released on an ongoing basis if needed for the requesting organization to conduct its official duties or for conduct of the research. 1. The State Registrar may approve applications for periods up to three years, so long as there are no significant changes, as specified in paragraph (3) below, in the uses described in the initial application.2. A new or updated application shall be submitted to the State Registrar, together with a new Data Sharing and Protection Agreement, if there are changes in any of the following areas:a. The purpose for which restricted vital statistics data will be used;b. Contact with the registrant, family members, or other individuals on the basis of vital statistics data;c. Linkage with other data within or outside the requesting organization;d. How or to whom restricted vital statistics data will be released;e. Procedures for securing restricted vital statistics data;f. Procedures and timetable for disposition of restricted vital statistics data;g. The individual responsible for conformance to standards for release of restricted vital statistics data;h. If different variables or data items are requested; ori. Other agencies or organizations receiving restricted vital statistics data.3. After three years, a new or updated application shall be submitted to the Department, together with a Data Sharing and Protection Agreement.10- 146 C.M.R. ch. 4, § 8