HARRY HUGHES, Governor

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(2)  MAY PROVIDE FOR APPROPRIATE LEGAL REMEDIES IN THE
EVENT OF A BREACH OF THE AGREEMENT, INCLUDING STIPULATION OF A
REASONABLE PRE-ESTIMATE OF LIKELY DAMAGES; AND

(3)  MAY NOT INCLUDE REQUIREMENTS FOR A POSTING OF A
PENALTY BOND.

(F)  NOTHING IN THIS STANDARD IS MEANT TO PRECLUDE THE
PARTIES FROM PURSUING NONCONTRACTUAL REMEDIES TO THE EXTENT
PERMITTED BY LAW.

(G)  IF THE HEALTH PROFESSIONAL RECEIVING THE TRADE SECRET
INFORMATION DECIDES THAT THERE IS A NEED TO DISCLOSE IT TO THE
UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, THE
MANUFACTURER OR EMPLOYER WHO PROVIDED THE INFORMATION SHALL BE
INFORMED BY THE HEALTH PROFESSIONAL PRIOR TO, OR AT THE SAME TIME
AS, THE DISCLOSURE TO THE UNITED STATES OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION.

(H) IF THE CHEMICAL MANUFACTURER OR EMPLOYER DENIES A
WRITTEN REQUEST FOR DISCLOSURE OF A SPECIFIC CHEMICAL IDENTITY,
THE DENIAL MUST:

(1)  BE PROVIDED TO THE HEALTH PROFESSIONAL WITHIN 30
DAYS OF THE REQUEST;

(2)  BE IN WRITING;

(3)  INCLUDE EVIDENCE TO SUPPORT THE CLAIM THAT THE
SPECIFIC CHEMICAL IDENTITY IS A TRADE SECRET;

(4)  STATE THE SPECIFIC REASONS WHY THE REQUEST IS
BEING DENIED; AND

(5)  EXPLAIN IN DETAIL HOW ALTERNATIVE INFORMATION MAY
SATISFY THE SPECIFIC MEDICAL OR OCCUPATIONAL HEALTH NEED WITHOUT
REVEALING THE SPECIFIC CHEMICAL IDENTITY.

(I) THE HEALTH PROFESSIONAL WHOSE REQUEST FOR INFORMATION
IS DENIED UNDER SUBSECTION (H) OF THIS SECTION MAY REFER THE
REQUEST AND THE WRITTEN DENIAL OF THE REQUEST TO THE COMMISSIONER
FOR CONSIDERATION.

(J) (1) AFTER AN EMPLOYER OR MANUFACTURER CLAIMS A TRADE
SECRET UNDER SUBSECTION (B) OF THIS SECTION OR WHEN A HEALTH
PROFESSIONAL REFERS A DENIAL TO THE COMMISSIONER UNDER SUBSECTION
(I) OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER THE EVIDENCE
TO DETERMINE IF:

(I)  THE MANUFACTURER OR EMPLOYER HAS CARRIED
THE BURDEN OF PROVIDING THAT THE CLAIM THAT THE SPECIFIC CHEMICAL
IDENTITY IS A TRADE SECRET;

(II)  THE HEALTH PROFESSIONAL HAS SUPPORTED THE
CLAIM THAT THERE IS A MEDICAL OR OCCUPATIONAL HEALTH NEED FOR THE
INFORMATION; AND