Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 274 - IMMUNIZATION INFORMATION SYSTEM (IIS) RULES › Section 144-274-10 - Collection And Release Of Information

Current through 2024-29, July 17, 2024
A. The
				Department may require Immunization Providers to provide and report certain
				information from Patients' Immunization Records. The Department shall
				determine, from time to time, what information must be provided to the IIS, and
				shall determine the means by which such information must be provided. The
				Department may require all Immunization Providers to submit such information in
				an electronic format compatible to the IIS.
B. The Department may require Immunization
				Providers to provide information from a Patient's demographic information.
				Information provided must include, without limitation, such information
				necessary to send reminder calls to, place telephone calls to, or personally
				contact a Patient. The Department shall determine, from time to time, what
				contact information must be provided to the IIS, and shall determine the means
				by which such information must be provided. The Department may require all
				Immunization Providers to submit such information in an electronic
				format.
C. The Department may
				exchange information with other immunization registries and/or immunization
				databases maintained by health maintenance organizations and health insurance
				companies. The Department may share information with other entities only if the
				Commissioner or his designee determines that each other specific registry or
				database has confidentiality protections equal to or surpassing the standards
				set forth in these Rules.
D. The
				Department may release and publish information from the IIS only in an
				aggregate form that does not identify an individual either directly or
				indirectly.
E. The Commissioner, or
				his designee, may provide analyses and compilations of Demographic Information
				and Immunization Records to any interested party upon request, when such
				information does not identify a Patient, either directly or indirectly. Such
				requests must be made in accordance with procedures adopted by the
				Department.
F. The Commissioner, or
				his designee, may provide analyses and compilations of Demographic Information
				and Immunization Records to a researcher, when such information does not
				identify a Patient, either directly or indirectly. The researcher must submit a
				research protocol describing, at a minimum:
(1) the intended use of the data;
(2) the methodology of the research
				project;
(3) why access to the
				information is necessary, and
(4)
				approval by an official Institutional Review Board.
11. Liability, Penalties, And Protections
A. Intentional or knowing violation of any of
				these rules by an Immunization Provider may result in a request for
				disciplinary action by the appropriate licensing and regulatory board which has
				regulatory authority over the Immunization Provider.
B. Whoever violates any of these rules or
				fails, neglects or refuses to perform any duties imposed upon that person by
				these rules is subject to criminal prosecution under Title 22 M.R.S.A.
				Section47.
C. Nothing in these
				rules shall be construed to authorize the imposition of civil penalties upon
				any Immunization Provider which in good faith engages in an unauthorized
				disclosure of Immunization Information System information.