W. Va. Code R. § 64-109-3

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 64-109-3 - Records subject to disclosure; confidentiality

3.1. The following records are public records and are subject to disclosure under the West Virginia Freedom of Information Act (W. Va. Code § 29A-1-1et seq.):

3.1.a. An application submitted under the Act, except to the extent that the application contains any of the information listed in subsection 3.2.;

3.1.b. The name, business address, and medical credentials of a practitioner; and

3.1.c. Information regarding penalties or other disciplinary actions taken against a permittee by the bureau for a violation of the Act.

3.2. The following information is considered confidential, is not subject to the West Virginia Freedom of Information Act, and shall not otherwise be released to a person unless pursuant to court order:

3.2.a. Information in the possession of the bureau or any of its contractors regarding a practitioner's registration information that is not listed as a public record under subsection 3.1;

3.2.b. The name or other personal identifying information of a patient or caregiver who applies for or is issued an identification card;

3.2.c. A patient certification issued by a practitioner;

3.2.d. Any information on an identification card;

3.2.e. Information provided by the West Virginia State Police regarding a caregiver, including criminal history record information, as set forth in section 7 (Background checks);

3.2.f. Information regarding a patient's serious medical condition.

3.2.g. Other information regarding a patient, caregiver, practitioner, or medical cannabis organization not included in subsection 3.1. that falls within an exception to the West Virginia Freedom of Information Act or is otherwise considered to be confidential proprietary information by other law.

3.2.h. Information regarding the physical features of, and security measures installed in, a facility; and

3.2.i. Information maintained in the electronic tracking system of a grower/processor and a dispensary.

3.3. An applicant must identify and mark confidential proprietary information as confidential proprietary information prior to submission to the bureau.

W. Va. Code R. § 64-109-3