(A) The Department shall maintain the
confidentiality of reports submitted to the Cancer Registry as well as other
information collected pursuant to
105
CMR 301.035. The Department shall not release
any information that would indicate whether or not the name of a particular
person is listed in the Cancer Registry and shall not release such reports, or
any other information which because of name, identifying number, mark or
description can be readily associated with a particular individual, except the
Department may release information contained in the Cancer Registry regarding a
particular individual:
(1) to the particular
individual upon
(a) receipt of a written
request which is signed by the particular individual and which is witnessed or
notarized as required by 105 CMR 301.040(B), and
(b) presentation by the particular individual
of suitable identification as required by 105 CMR 301.040(C);
(2) if the particular individual
is a minor, to a parent of the particular individual upon
(a) receipt of a written request which is
signed by the parent and which is witnessed or notarized as required by 105 CMR
301.040(B), and
(b) receipt of a
certified copy of the birth certificate of the particular individual,
and
(c) presentation by the parent
of suitable identification as required by 105 CMR
301.040(C);
(3) if the
particular individual has a court-appointed guardian, or if the particular
individual is deceased, to the court-appointed guardian, or to the executor or
administrator of the particular individual's estate upon
(a) receipt of a written request which is
signed by the court-appointed guardian, executor or administrator and which is
witnessed or notarized as required by 105 CMR 301.040(B), and
(b) receipt of a certified copy of the order
or decree which appoints the guardian, executor, or administrator,
and
(c) presentation by the
guardian, executor, or administrator of suitable identification as required by
105 CMR 301.040(C);
(4)
to an attorney or other person designated by the particular individual upon
(a) receipt of a written request which is
signed by the particular individual and which is witnessed or notarized as
required by 105 CMR 301.040(B), and which requests release of the information
to the attorney or other person, and
(b) presentation by the attorney or other
person of suitable identification as required by 105 CMR 301.040(C);
(5) to an attorney or other person
designated by the court-appointed guardian of the particular individual, or
designated by the executor or administrator of the estate of the particular
individual upon
(a) receipt of a written
request which is signed by the court-appointed guardian, executor or
administrator and which is witnessed or notarized as required by 105 CMR
301.040(B), and which requests release of the information to the attorney or
other person, and
(b) receipt of a
certified copy of the order or decree which appoints the guardian, executor or
administrator, and
(c) presentation
by the attorney or other person of suitable identification as required by 105
CMR 301.040(C);
(6) if
the particular individual is a minor, to an attorney or other person designated
by the parent of the particular individual upon
(a) receipt of a written request which is
signed by the parent and which is witnessed or notarized as required by 105 CMR
301.040(B), and which requests release of the information to the attorney or
other person, and
(b) proof of age
of the particular individual, and
(c) presentation by the attorney or other
person of suitable identification as required by 105 CMR 301.040(C);
(7) to the authorized
representative of a state or federal agency or a nonprofit organization for
cancer surveillance or statistics pursuant to a data exchange agreement and
subject to any conditions deemed appropriate by the Department;
(8) to authorized representatives of the
National Cancer Institute and its authorized vendors for purposes of hosting
and maintaining the Surveillance, Epidemiology, and End Results (SEER) data
management system on behalf of the Department;
(9) to a cancer registry custodian in another
state or jurisdiction for cancer diagnoses of residents of that other state or
jurisdiction pursuant to a data exchange agreement and subject to any
conditions deemed appropriate by the Department; and
(10) to the authorized representative of a
study or research project approved by the Commissioner pursuant to M.G.L. c.
111, § 24A. However, the Department shall not release to the authorized
representative of a study or research project any part of a patient's Social
Security number. The authorized representative of a study or research project
who receives Cancer Registry data shall not publish the name of any individual
whose information is contained in the Cancer Registry or any other information
which because of identifying number, mark or description could be readily
associated with an individual whose information is contained in the Cancer
Registry. The Department may impose other conditions for receipt of Cancer
Registry data.
(B) Every
written request for the release of information submitted pursuant to 105 CMR
301.040(A), shall be signed by the person making the written request, and such
signature shall be either:
(1) witnessed by an
employee of the Department who has been designated to witness such requests and
to whom the person making the request presents suitable identification as
required by 105 CMR 301.040(C); or
(2) notarized by a notary public or
magistrate.
(C) Any
person who is required by 105 CMR 301.040(A) or (B) to present suitable
identification shall present an identification document that contains both a
picture of the person and the signature or mark of the person, such as a
driver's license or non-driver identification card issued by a state motor
vehicle licensing department, passport, state-issued liquor purchase
identification card, or other government-issued identification which contains
both a picture of the person and the signature or mark of the person.
