An Act to Implement the Recommendations of the Right to Know Advisory Committee Regarding Public Records Exceptions
Maine Legislature, Session 131, LD 2215
Committee: Judiciary
Amends: 22 MRSA §2425-A, 22 MRSA §3022, 22 MRSA §3294, 22 MRSA §5409, 36 MRSA §191

Legislative Document
No. 2215
H.P. 1421
House of Representatives, February 20, 2024
An Act to Implement the Recommendations of the Right to Know 
Advisory Committee Regarding Public Records Exceptions
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2425-A, sub-§12, as amended by PL 2023, c. 365, §8, is 
repealed.
Sec. 2.  22 MRSA §2425-A, sub-§14 is enacted to read:
14.  Confidentiality.  This subsection governs confidentiality.
A. For purposes of this subsection, "personal contact information" has the same 
meaning as in Title 1, section 402, subsection 3, paragraph O, subparagraph (1) and 
"caregiver exempt from registration" means a caregiver who is not required to register 
pursuant to section 2423-A, subsection 3, paragraph C.
B.  Information that identifies a qualifying patient, a visiting qualifying patient or a 
registered patient under this chapter is confidential and may not be disclosed by the 
department, except:
(1) With the written consent of the patient; or
(2) Pursuant to a court order or a subpoena.
C. Information that identifies a caregiver exempt from registration is confidential and 
may not be disclosed by the department, except:
(1) With the written consent of the caregiver; or
(2) Pursuant to a court order or a subpoena or as provided in paragraph F.
D. Except as provided in this paragraph and in paragraphs B and C, applications, 
supporting information and other information regarding a registered caregiver, 
including any address where the registered caregiver cultivates, manufactures, tests, 
packages, stores or sells cannabis plants or harvested cannabis under this chapter, are 
not confidential. The personal contact information of a registered caregiver or of an 
applicant for registration as a registered caregiver is confidential and may not be 
disclosed by the department, except:
(1) With the written consent of the registered caregiver or applicant for registration 
as a registered caregiver;
(2) Pursuant to a court order or a subpoena;
(3) As provided in paragraph F; or
(4) If a registered caregiver resides at the same address where the registered 
caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants 
or harvested cannabis under this chapter, the department may disclose that address 
to a state, county or municipal employee responsible for the administration of this 
chapter or of rules, ordinances or warrant articles authorized under this chapter, 
including, but not limited to, law enforcement officers and code enforcement 
officers.  Any information received by a state, county or municipal employee under 
this subparagraph is confidential and may not be further disclosed or disseminated, 
except as otherwise provided by law.
E. Except as provided in this paragraph and in paragraphs B and C, applications, 
supporting information and other information regarding a dispensary, manufacturing 
facility, cannabis testing facility and an assistant, officer or director of a registered 
caregiver, dispensary, manufacturing facility or cannabis testing facility under this 
chapter are not confidential. The personal contact information of a cardholder who is 
an assistant, officer or director of a registered caregiver, dispensary, manufacturing 
facility or cannabis testing facility and an applicant for a registry identification card as 
an assistant, officer or director of a registered caregiver, dispensary, manufacturing 
facility or cannabis testing facility or registration certificate for a dispensary, 
manufacturing facility or cannabis testing facility is confidential and may not be 
disclosed by the department, except:
(1) With the written consent of the cardholder or applicant; or
(2) Pursuant to a court order or a subpoena.
F.  Notwithstanding any provision of this subsection to the contrary, the department 
may, when necessary to protect the public from a threat to public health or safety, notify 
the public of the following:
(1)  The identity of a caregiver exempt from registration, a registered caregiver, a 
dispensary, a manufacturing facility or a cannabis testing facility associated with 
the threat to public health or safety and that person's status as a caregiver exempt 
from registration, registered caregiver, dispensary, manufacturing facility or 
cannabis testing facility; and
(2) The location where any cannabis plants or harvested cannabis associated with 
the threat to public health or safety were cultivated, manufactured, tested, 
packaged, stored or sold.
G. Notwithstanding any provision of this subsection to the contrary, the department 
shall comply with Title 36, section 175. Information provided by the department 
pursuant to this paragraph may be used by the department's Bureau of Revenue 
Services only for the administration and enforcement of taxes imposed under Title 36.   
H. A final written decision of the department pursuant to section 2430-I imposing an 
administrative penalty; ordering forfeiture and destruction of cannabis plants, cannabis 
or cannabis products; or suspending or revoking a registry identification card or 
registration certificate is not confidential.
I. A caregiver, dispensary, manufacturing facility or cannabis testing facility or an 
officer, director or assistant of a caregiver, dispensary, manufacturing facility or 
cannabis testing facility may not be required to disclose to a law enforcement officer 
information that could reasonably identify an individual's identity without a warrant 
requiring the disclosure.
J.  A person who accompanies a patient to obtain cannabis plants or harvested cannabis 
may not be required to disclose to a law enforcement officer information that could 
reasonably identify an individual patient's identity without a warrant requiring the 
disclosure.
Sec. 3.  22 MRSA §3022, sub-§8, as amended by PL 2017, c. 475, Pt. A, §33, is 
further amended to read:
8.  Certain information confidential.  The following records in the possession or 
custody of a medical examiner or the Office of Chief Medical Examiner are not public 
records within the meaning of Title 1, section 402, subsection 3 and are confidential:
A.  Medical records relating to a medical examiner case;
B.  Law enforcement agency reports or records relating to a medical examiner case;
C.  Communications with the Department of the Attorney General relating to a medical 
examiner case;
D.  Communications with the office of a district attorney relating to a medical examiner 
case;
E.  Death certificates and amendments made to the certificates, except for the 
information for which the medical examiner is responsible, as listed in section 2842, 
subsection 3, and not ordered withheld by the Attorney General relating to a medical 
examiner case or missing person;
F.  Photographs and transparencies, histological slides, videotapes and other like items 
relating to a medical examiner case; and
G.  Written or otherwise recorded communications that express or are evidence of 
suicidal intent obtained under section 3028, subsections 4 and 5.
Sec. 4.  22 MRSA §3294, as enacted by PL 1987, c. 714, §2, is amended to read:
§3294.  Confidential information provided to professional and occupational licensing 
boards
If confidential information regarding a person subject to or seeking licensure, 
certification or registration by a licensing board indicates that the person may have engaged 
in unlawful activity, professional misconduct or conduct which that may be in violation of 
the laws or rules relating to the licensing board, the director may release this information 
to the appropriate licensing board.  Confidential information shall must be disclosed and 
used in accordance with section 3292 and may also be disclosed to members, employees 
and agents of a licensing board who are directly related to the matter at issue.
1.  Notice to the licensee or applicant. Notice of the release of confidential 
information shall must be provided by the board to the licensee or applicant in accordance 
with the law and rules relating to the licensing board.  If the law or rules relating to a 
licensing board do not provide for notice to licensees or applicants subject to or seeking 
licensure, certification or registration, the licensing board shall provide notice to the 
licensee or applicant upon determination of the board to take further action following its 
investigation.
2.  Licensing board requests for confidential information.  Any licensing board 
pursuing action within the scope of the board's authority or conducting an investigation of 
any person subject to or seeking licensure, certification or registration by the board for 
engaging in unlawful activity, professional misconduct or conduct which that may be in 
violation of the laws or rules relating to the board may request confidential information 
from the bureau.  Any information provided to the board for an investigation shall be is 
governed by section 3292 and this section.
3.  Use of confidential information in proceedings and investigations.  The use of 
confidential information in proceedings, informal conferences and adjudicatory hearings 
shall be is governed by Title 5, section 9057, subsection 6. The use of confidential 
information in investigations is governed by Title 10, section 8003-B, subsection 2, 
paragraph G as long as any confidential information disclosed under that paragraph is not 
further disclosed by any person for purposes other than an investigation by a licensing 
board.
Sec. 5.  22 MRSA §5409, as enacted by PL 2019, c. 653, Pt. A, §1, is amended to 
read:
§5409.  Records
Except as provided in this section or by other provision of law, information obtained 
by the marketplace under this chapter is a public record within the meaning of Title 1, 
chapter 13, subchapter 1.
1.  Financial information.  Any personally identifiable financial information, 
supporting data or tax return of any person obtained by the marketplace under this chapter 
is confidential and not open to public inspection pursuant to 26 United States Code, Section 
6103 and Title 36, section 191.
2.  Health information.  Health information obtained by the marketplace under this 
chapter that is covered by the federal Health Insurance Portability and Accountability Act 
of 1996, Public Law 104-191, or information covered by Title 22, section 1711‑C is 
confidential and not open to public inspection.
3.  Personally identifiable information.  Personally identifiable information not 
otherwise described in subsection 1 or 2 that is obtained by the marketplace under this 
chapter is confidential. As used in this subsection, "personally identifiable information" 
means information that permits the identity of an individual to whom the information 
applies to be able to be reasonably inferred or known by either direct or indirect means.
Sec. 6.  36 MRSA §191, sub-§3-B, as amended by PL 2017, c. 452, §29, is further 
amended to read:
3-B.  Additional restrictions for certain information provided by the Department 
of Administrative and Financial Services.  Information provided to the assessor by the 
Department of Administrative and Financial Services pursuant to section 175 and Title 22, 
section 2425‑A, subsection 12 14, paragraph L G may be used by the bureau only for the 
administration and enforcement of taxes imposed under this Title.  These restrictions are 
in addition to those imposed by subsection 1.
SUMMARY
This bill implements statutory changes recommended by the Right to Know Advisory 
Committee after reviewing certain existing public records exceptions in the Maine Revised 
Statutes, Title 22.
The bill replaces the provisions of law governing the confidentiality of records and 
information under the Maine Medical Use of Cannabis Act.
The bill specifies the following.
1. Information that identifies a qualifying patient, a visiting qualifying patient or a 
registered patient is confidential and may not be disclosed by the Department of 
Administrative and Financial Services, except with the written consent of the patient or 
pursuant to a court order or a subpoena.
2. Information that identifies a caregiver who is exempt from registration under the 
Maine Medical Use of Cannabis Act is confidential and may not be disclosed by the 
Department of Administrative and Financial Services, except with the written consent of 
the caregiver, pursuant to a court order or a subpoena or when necessary to protect the 
public from a threat to public health or safety.
3. Personal contact information of a registered caregiver or of an applicant for 
registration as a registered caregiver is confidential and may not be disclosed by the 
Department of Administrative and Financial Services, except with the written consent of 
the registrant or applicant, pursuant to a court order or a subpoena or when necessary to 
protect the public from a threat to public health or safety.  In addition, if the registered 
caregiver resides at the same address where the registered caregiver engages in activities 
authorized under the Maine Medical Use of Cannabis Act, the department may disclose 
that address to a state, county or municipal employee responsible for the administration of 
the Act or of rules, ordinances or warrant articles authorized under the Act, including a law 
enforcement officer or code enforcement officer.
4. Personal contact information of a holder of a registry identification card who is an 
assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or 
cannabis testing facility or of an applicant for a registry identification card as an assistant, 
officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis 
testing facility or registration certificate for a dispensary, manufacturing facility or 
cannabis testing facility is confidential and may not be disclosed by the Department of 
Administrative and Financial Services, except in response to a court order or a subpoena.
5. A final written decision of the Department of Administrative and Financial Services 
imposing an administrative penalty, ordering forfeiture and destruction of cannabis or 
suspending or revoking a registry identification card or registration certificate is not 
confidential.
The bill preserves the obligation of the Department of Administrative and Financial 
Services under current law to provide information to the department's Bureau of Revenue 
Services for the administration and enforcement of taxes and the requirement in current 
law that law enforcement officers obtain a warrant before they may require a caregiver, 
dispensary, manufacturing facility or cannabis testing facility to disclose information that 
could reasonably identify an individual or require a person who accompanies a patient to 
disclose information that could reasonably identify a patient.
The bill clarifies that a record relating to a medical examiner case is confidential and 
that the location or custodian of the record does not affect the record's confidentiality. It 
also makes other technical and grammatical changes to conform with drafting standards 
recommended by the Right to Know Advisory Committee.
The bill clarifies that a professional or occupational licensing board that receives 
confidential information from the Director of the Office of Child and Family Services or 
the Director of the Office of MaineCare Services within the Department of Health and 
Human Services may release that confidential information during the pendency of an 
investigation as long as that confidential information is not further disclosed for any other 
purpose.
The bill clarifies that any personally identifiable information obtained by the Maine 
Health Insurance Marketplace is confidential. 
The bill also makes technical and grammatical changes and corrects a cross-reference.