§ 1141.22. Records subject to disclosure; confidentiality.
(a) The following records are public records and are subject to disclosure under the Right-to-Know Law (65 P.S. § § 67.10167.3104):
(1) An application submitted under the act, except to the extent that the application contains any of the information listed in subsection (b).
(2) The name, business address and medical credentials of a practitioner.
(3) Information regarding penalties or other disciplinary actions taken against a permittee by the Department for a violation of the act.
(b) The following information is considered confidential, is not subject to the Right-to-Know Law and will not otherwise be released to a person unless pursuant to court order:
(1) Information in the possession of the Department or any of its contractors regarding a practitioners registration information that is not listed as a public record under subsection (a).
(2) The name or other personal identifying information of a patient or caregiver who applies for or is issued an identification card.
(3) Individual identifying information concerning a patient or caregiver, or both.
(4) A patient certification issued by a practitioner.
(5) Any information on an identification card.
(6) Information provided by the Pennsylvania State Police regarding a caregiver, including criminal history record information, as set forth in § 1141.31 (relating to background checks).
(7) Information regarding a patients serious medical condition.
(8) Other information regarding a patient, caregiver, practitioner or medical marijuana organization not listed in subsection (a) that falls within an exception to the Right-to-Know Law, or is otherwise considered to be confidential proprietary information by other law.
(9) Information regarding the physical features of, and security measures installed in, a facility.
(10) Information maintained in the electronic tracking system of a grower/processor, an approved laboratory and a dispensary.
(11) The names and any other information relating to persons reviewing permit applications, including a reviewers individual permit application reviews and notes.
(12) Information relating to an applicants diversity plan that is marked confidential proprietary or trade secret.
(c) An applicant shall mark confidential proprietary information as confidential proprietary or trade secret information, as defined in section 102 of the Right-to-Know Law (65 P.S. § 67.102), prior to submission of a permit application to the Department.
(d) An applicants failure to redact confidential proprietary or trade secret information in its submitted permit application will result in disclosure to the public of the confidential proprietary or trade secret information in response to a Right-to-Know Law request.
(e) An applicant is responsible for defending its own redactions in any administrative or court proceeding, including any appeals. Any information not adequately defended by the applicant may result in full disclosure of the information in un-redacted form.
The temporary provisions of this § 1141.22 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 199; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385912) to (385913).
This section cited in 28 Pa. Code § 1141.29 (relating to initial permit application); and 28 Pa. Code § 1141.32 (relating to diversity goals).
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