Confidential nature of data; exclusion; patient privacy

(a) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part, other than information published in an official commission report regarding the activities conducted pursuant to this article, shall be confidential data and shall not be subject to Article 4 of Chapter 18 of Title 50; provided, however, that any contract, memorandum of understanding, or cooperative endeavor agreement entered into by the commission pursuant to this article shall be subject to Article 4 of Chapter 18 of Title 50. 197 16-12-221 (b) In no event shall the commission disclose any information that would reveal the identity or health information of any registered patient or violate the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. History. Code 1981, § 16-12-220, enacted by Ga. L. 2019, p. 43, § 4/HB 324. 16-12-221. Contracts for initial licenses awarded through bids or proposals; minimum contract terms and renewals; subcontracting; giving or receiving things of value limited. (a) The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses pursuant to Code Section 16-12-212, and in the event that the commission revokes a Class 1 or Class 2 production license, a Class 1 or 2 production license is surrendered for any reason, or the commission issues an additional Class 1 production license pursuant to Code Section 16-12-214, the commission shall be authorized to issue any replacement Class 1 or Class 2 production licenses in accordance with rules and regulations established by the commission for such purpose. Such rules and regulations shall not otherwise conflict with this article, and to the extent practicable, such rules and regulations shall incorporate provisions and processes similar to Article 3 of Chapter 5 of Title 50. (b) Any contract for a license awarded pursuant to this subsection shall not be for less than five years and may contain provisions for automatic renewal. (c) No licensee shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in excess of 5 percent by any state employee or member of a state employee’s immediate family, including but not limited to any legislator, state-wide public official, or employee of a designated university. For purposes of this subsection, the term “immediate family member” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. (d) No licensee shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this part except the value 198 16-12-221 OFFENSES/HEALTH & MORALS 16-12-222 that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement. History. Code 1981, § 16-12-221, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 15/SB 195. Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.”