HARRY HUGHES, Governor

2553

(5) THE HEALTH PROFESSIONAL, AND THE EMPLOYER OR
CONTRACTOR OF THE HEALTH PROFESSIONAL'S SERVICES SUCH AS
DOWNSTREAM EMPLOYER, LABOR ORGANIZATION, OR INDIVIDUAL EMPLOYER,
AGREE IN A WRITTEN CONFIDENTIALITY AGREEMENT THAT THE HEALTH
PROFESSIONAL WILL NOT USE THE TRADE SECRET INFORMATION FOR ANY
PURPOSE OTHER THAN THE HEALTH NEED ASSERTED AND AGREED NOT TO
RELEASE THE INFORMATION UNDER ANY CIRCUMSTANCES OTHER THAN TO THE
UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, AS
PROVIDED IN SUBSECTION (G) OF THIS SECTION, EXCEPT AS AUTHORIZED
BY THE TERMS OF THE AGREEMENT OR BY THE CHEMICAL MANUFACTURER OR
EMPLOYER.

(E)  THE CONFIDENTIALITY AGREEMENT AUTHORIZED BY SUBSECTION
(D) OF THIS SECTION:

(1)  MAY RESTRICT THE USE OF THE INFORMATION TO THE
HEALTH PURPOSES INDICATED IN THE WRITTEN STATEMENT OF NEED;

(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.