105 Mass. Reg. 222.205

Current through Register 1527, August 2, 2024
Section 222.205 - System Access and Confidentiality
(A) Immunization information shall be released from the MIIS only to the following individuals and agencies without further expressed consent of the individual or the individual's parent or guardian unless the individual or the individual's parent or guardian has objected to data sharing:
(1) Licensed health care providers and their staff providing direct care to the individual patient;
(2) Elementary and secondary school nurses and registration officials who require proof of immunization for school enrollment and disease control;
(3) Local boards of health for disease prevention and control;
(4) Women Infants and Children (WIC) nutrition program staff who administer WIC benefits to eligible infants and children; and
(5) Staff of state agencies or state programs whose duties include education and outreach related to the improvement of immunization coverage rates among their clients.
(B) In accordance with the MIIS Individual User Agreement and Confidentiality Statement, all users of the MIIS must agree to access immunization information solely for the purpose of ensuring that individuals are up to date on the recommended immunization schedule, in compliance with school entry immunization requirements, for disease control and prevention, or for the improvement of immunization coverage rates of their clients or the public.
(C)Access by Department Staff. Authorized Department staff may have access to all records in the system including those for which data sharing status is set to "No".
(D)Access by Researchers. Research requests shall be submitted through the Department's research proposal submission system and reviewed by designated Department staff. Researchers granted approval shall sign the MIIS Individual User Agreement and Confidentiality Statement.
(E)Access by Non-health Care Providers. Non-health care providers who may be granted access to the system for "view only" and/or report generating privileges shall complete a site and an individual agreement and agree to comply by the same terms and conditions that apply to health care providers.
(F)Protection from Subpoena and Public Record Requests. Information contained in the MIIS does not constitute a public record, is not subject to subpoena or court order, and is not admissible as evidence in any action of any kind before a court, tribunal, agency, board, or person.

105 CMR 222.205

Adopted by Mass Register Issue 1277, eff. 1/2/2015.