Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 265 - Substance Use Testing For The Workplace Rule
Section 144-265-5 - CONFIDENTIALITY

Universal Citation: 10 ME Code Rules ยง 144-265-5

Current through 2024-38, September 18, 2024

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).

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