Miss. Code § 41-137-49

Current through the 2024 Regular Session
Section 41-137-49 - Confidentiality
(1) Data in license and registration applications and supporting data submitted by registered qualifying patients, registered designated caregivers, medical cannabis establishments and nonresident cardholders, including data on registered designated caregivers and practitioners, shall be considered private data on individuals that is confidential and exempt from disclosure under the Mississippi Public Records Act of 1983, Sections 25-61-1 through 25-61-17.
(2) Data kept or maintained by an agency shall not be used for any purpose not provided for in this chapter and shall not be combined or linked in any manner with any other list or database.
(3) Data kept or maintained by an agency may be disclosed as necessary for:
(a) The verification of registration certificates and registry identification cards under this chapter;
(b) Submission of the annual report required by this chapter;
(c) Notification of state or local law enforcement of apparent criminal violations of this chapter;
(d) Notification of state and local law enforcement about falsified or fraudulent information submitted for purposes of obtaining or renewing a registry identification card; or
(e) Notification of the State Board of Medical Licensure or other occupational or professional licensing board or entity if there is reason to believe that a practitioner provided a written certification in violation of this chapter, or if the MDOH has reason to believe the practitioner otherwise violated the standard of care for evaluating medical conditions.
(4) Any information kept or maintained by medical cannabis establishments must identify cardholders by their registry identification numbers and must not contain names or other personally identifying information.
(5) At a cardholder's request, the MDOH may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court.
(6) Any agency hard drives or other data-recording media that are no longer in use and that contain cardholder information shall be destroyed.
(7) The addresses of prospective and licensed medical cannabis establishments, except for medical cannabis dispensaries, shall be considered confidential and exempt from disclosure under the Mississippi Public Records Act of 1983, Sections 25-61-1 through 25-61-17.

Miss. Code § 41-137-49

Amended by Laws, 2023, ch. 436, HB 1158,§ 7, eff. 3/27/2023.
Added by Laws, 2022, ch. 303, SB 2095,§ 25, eff. 2/2/2022.