§ 1141a.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. § § 67.101—67.3104):
(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 under court order:
(1) Information in the possession of the Department or any of its contractors regarding a practitioner’s 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) 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 § 1141a.31 (relating to background checks).
(7) Information regarding a patient’s 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) Information that would identify persons reviewing permit applications, including a reviewer’s name, individual permit application reviews and notes.
(12) Information relating to an applicant’s 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 applicant’s failure to redact confidential proprietary or trade secret information in accordance with § 1141a.29(a)(2) (relating to initial 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) In accordance with section 707(b) of the Right-to-Know Law (65 P.S. § 67.707(b)), the Department will make an independent determination as to whether to release the information marked as confidential proprietary or trade secret.
(f) Nothing in this section shall preclude the Department from releasing de-identified data for research purposes, subject to approval and oversight by the Department and an IRB to ensure that the use of the data is limited to the specified research purposes.
(g) Notwithstanding subsection (b), in accordance with section 301(a)(11) of the act (35 P.S. § 10231.301(a)(11)), the Department may collaborate with other Commonwealth agencies as necessary to carry out the provisions of the act and this part. Collaboration shall include the sharing of information, including information deemed confidential under the act and this part, with any other agency, when needed to investigate a potential violation of the act or this part. Information shared under this section shall remain confidential and may not be disclosed except for investigatory or enforcement purposes.
Cross References This section cited in 28 Pa. Code § 1141a.29 (relating to initial permit application); and 28 Pa. Code § 1141a.32 (relating to diversity goals).
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