HARRY HUGHES, Governor

2341

(A)  EXCEPT AS PROVIDED IN THIS SECTION, A MANUFACTURER,
DISTRIBUTOR, OR EMPLOYER SHALL NOT BE REQUIRED BY THIS PART TO
DISCLOSE ANY INFORMATION WHICH, UNDER STATE OR FEDERAL LAW
QUALIFIES AS A TRADE SECRET OR CONFIDENTIAL BUSINESS INFORMATION.

(B)  EXCEPT FOR A HAZARDOUS CHEMICAL WHICH IS A CARCINOGEN,
A TERATOGEN, OR A SUBSTANCE INDUCING ABORTION OR STERILITY, A
CHEMICAL MANUFACTURER OR EMPLOYER MAY WITHHOLD THE SPECIFIC
CHEMICAL IDENTITY, INCLUDING THE CHEMICAL NAME AND OTHER SPECIFIC
IDENTIFICATION OF A HAZARDOUS CHEMICAL, FROM THE MATERIAL SAFETY
DATA SHEET AND CHEMICAL INFORMATION LIST, PROVIDED THAT:

(1)  THE CLAIM THAT THE INFORMATION WITHHELD IS A
TRADE SECRET CAN BE SUPPORTED;

(2)  INFORMATION CONTAINED IN THE MATERIAL SAFETY DATA
SHEET CONCERNING THE PROPERTIES AND EFFECTS OF THE HAZARDOUS
CHEMICAL IS DISCLOSED;

(3)  THE MATERIAL SAFETY DATA SHEET AND THE CHEMICAL
INFORMATION LIST INDICATE THAT THE SPECIFIC CHEMICAL IDENTITY IS
BEING WITHHELD AS A TRADE SECRET; AND

(4)  THE SPECIFIC CHEMICAL IDENTITY IS MADE AVAILABLE
TO HEALTH PROFESSIONALS IN ACCORDANCE WITH THIS SECTION.

(C)  IF A TREATING PHYSICIAN, PHYSICIAN'S ASSISTANT, OR
NURSE DETERMINES THAT A MEDICAL EMERGENCY EXISTS AND THE SPECIFIC
CHEMICAL IDENTITY OF A HAZARDOUS CHEMICAL IS NECESSARY FOR
EMERGENCY OR FIRST AID TREATMENT, THE MANUFACTURER OR EMPLOYER
SHALL IMMEDIATELY DISCLOSE THE SPECIFIC CHEMICAL IDENTITY OF A
TRADE SECRET CHEMICAL TO THAT TREATING PHYSICIAN OR NURSE,
REGARDLESS OF THE EXISTENCE OF A WRITTEN STATEMENT OF NEED OR A
CONFIDENTIALITY AGREEMENT. THE MANUFACTURER OR EMPLOYER MAY
REQUIRE A WRITTEN STATEMENT OF NEED AND CONFIDENTIALITY
AGREEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTIONS (D)
AND (E) OF THIS SECTION, AS SOON AS CIRCUMSTANCES PERMIT.

(D)  IN NONEMERGENCY SITUATIONS, A MANUFACTURER OR EMPLOYER
SHALL, UPON REQUEST, DISCLOSE A SPECIFIC CHEMICAL IDENTITY,
OTHERWISE PERMITTED TO BE WITHHELD UNDER THIS SECTION, TO A
PHYSICIAN, REGISTERED NURSE, PHYSICIAN'S ASSISTANT, INDUSTRIAL
HYGIENIST, TOXICOLOGIST, OR EPIDEMIOLOGIST PROVIDING MEDICAL OR
OTHER OCCUPATIONAL HEALTH SERVICES TO AN EXPOSED EMPLOYEE IF:

(1)  THE REQUEST IS IN WRITING;

(2)  THE REQUEST DESCRIBES WITH REASONABLE DETAIL 1 OR
MORE OF THE FOLLOWING OCCUPATIONAL HEALTH NEEDS FOR THE
INFORMATION:

(I)  TO ASSESS THE HAZARD OF THE CHEMICAL TO
WHICH AN EMPLOYEE WILL BE EXPOSED;

(II)  TO CONDUCT OR ASSESS SAMPLING OF THE WORK
PLACE ATMOSPHERE TO DETERMINE EMPLOYEE EXPOSURE LEVELS;