2554                                        LAWS OF MARYLAND                                    Ch. 463

(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

(III)  THE HEALTH PROFESSIONAL HAS DEMONSTRATED
ADEQUATE MEANS TO PROTECT THE CONFIDENTIALITY.

(2)  IF THE COMMISSIONER DETERMINES THAT THE SPECIFIC
CHEMICAL IDENTITY OF A HAZARDOUS CHEMICAL IS NOT A BONA FIDE
TRADE SECRET, OR THAT IT IS A TRADE SECRET BUT THE REQUESTING
HEALTH PROFESSIONAL HAS A LEGITIMATE MEDICAL OR OCCUPATIONAL
HEALTH NEED FOR THE INFORMATION, HAS EXECUTED A WRITTEN
CONFIDENTIALITY AGREEMENT, AND HAS SHOWN ADEQUATE MEANS TO
PROTECT THE CONFIDENTIALITY OF THE INFORMATION, THE MANUFACTURER
OR EMPLOYER WILL BE SUBJECT TO CITATION BY THE COMMISSIONER.

(3)  IF A MANUFACTURER OR EMPLOYER DEMONSTRATES TO THE
COMMISSIONER THAT THE EXECUTION OF A CONFIDENTIALITY AGREEMENT
WOULD NOT PROVIDE SUFFICIENT PROTECTION AGAINST THE POTENTIAL
HARM FROM THE UNAUTHORIZED DISCLOSURE OF A TRADE SECRET SPECIFIC
CHEMICAL IDENTITY, THE COMMISSIONER MAY ISSUE AN ORDER OR IMPOSE
ADDITIONAL LIMITATIONS OR CONDITIONS UPON THE DISCLOSURE OF THE
REQUESTED CHEMICAL INFORMATION AS MAY BE APPROPRIATE TO ASSURE
THAT THE OCCUPATIONAL HEALTH SERVICES ARE PROVIDED WITHOUT AN
UNDUE RISK OF HARM TO THE CHEMICAL MANUFACTURER OR EMPLOYER.

(4)  FOLLOWING THE ISSUANCE OF A CITATION OR ANY
PROTECTIVE ORDER, THE MANUFACTURER OR EMPLOYER MAY APPEAL THE
COMMISSIONER'S DETERMINATION IN ACCORDANCE WITH §§ 37 AND 38 OF
THIS SUBTITLE. IN ANY PROCEEDING ARISING UNDER THIS SECTION, THE
BURDEN OF PROVING A CLAIM OF TRADE SECRET SHALL BE ON THE
EMPLOYER OR MANUFACTURER ASSERTING THE CLAIM.

(K) NOTWITHSTANDING THE EXISTENCE OF A TRADE SECRET CLAIM,
A MANUFACTURER OR EMPLOYER SHALL, UPON REQUEST, DISCLOSE TO THE
COMMISSIONER ANY INFORMATION WHICH THIS SECTION REQUIRES THE
MANUFACTURER OR EMPLOYER TO MAKE AVAILABLE. IF THERE IS A TRADE
SECRET CLAIM, THAT CLAIM SHALL BE MADE NO LATER THAN AT THE TIME
THE INFORMATION IS PROVIDED TO THE COMMISSIONER SO THAT SUITABLE