Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 70H the following section:-

Section 70I. A facility, as defined in section 70E, physician or health care provider shall not: (1) test any person for the presence of marijuana or delta-9-tetrahydricannabinol, also known as THC, without first obtaining that person’s written informed consent; (2) disclose the results of such test to any person other than the subject of the test without first obtaining the subject’s written informed consent; or (3) identify the subject of such tests to any person without first obtaining the subject’s written informed consent. A written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information.

Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

For the purpose of this section “written informed consent” shall mean a written consent form for each requested test and release of the results of a test performed on an individual showing the presence of marijuana or THC or for the release of medical records containing such information.