10-144-265 Me. Code R. § 5

Current through 2024-51, December 18, 2024
Section 144-265-5 - CONFIDENTIALITY
A. Unless the employee or applicant consents, all test results and any information acquired by an employer in the testing process is confidential and may not be released to any person other than the employee or applicant who was tested, a Medical Review Officer, any authorized personnel of the employer, and a provider of rehabilitation or treatment services. This requirement applies to personnel of all laboratories, as well as to employers. This paragraph does not prevent:
1. The release of this information when required or permitted by State or federal law, including release under 26 MRS §683 (8)(D); or
2. The use of this information in any grievance procedure, administrative hearing or civil action relating to the imposition of the test or the use of test results.
B. Notwithstanding any other law, the results of any substance use test required, requested, or suggested by any employer may not be used in any criminal proceeding, as provided by 26 MRS §685(3)(B).

10-144 C.M.R. ch. 265, § 5