HARRY HUGHES, Governor

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32K.

(c)  Any independent contractor or employer to whom
information is not supplied under subsections (a) and (b) of this
section may obtain a chemical information list or material safety
data sheet from the Department of Health and Mental Hygiene,
pursuant to § 32H[(c)](B) of this subtitle.

32N.

(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:

(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] • AGREE
not to release the information under any circumstances other than
to the [United States] MARYLAND 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.

(f)  Nothing in this [standard] SUBTITLE 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] MARYLAND Occupational Safety and Health
Administration, the manufacturer or employer who provided the
information shall be informed by the health professional prior to
the disclosure to the [United States] MARYLAND Occupational
Safety and Health Administration.

(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] PROVING that the claim that the
specific chemical identity is a trade secret; AND

(ii) WHEN APPROPRIATE, [The] THE health
professional: