2016 Kentucky Revised Statutes CHAPTER 353 - MINERAL CONSERVATION AND DEVELOPMENT .6604 Confidentiality of trade secrets -- When disclosure is required.
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353.6604 Confidentiality of trade secrets -- When disclosure is required.
(1)
(2)
(3)
(4)
(5)
(6)
If the vendor, service provider, or operator of a high-volume horizontal fracturing
treatment claims that the volume of a chemical or relative concentration of chemical
is a trade secret, the operator of the horizontal well shall indicate that claim on the
chemical disclosure registry form and, as applicable, the vendor, service provider,
or operator shall submit a request to the director to designate the information as a
trade secret.
At the time of claiming entitlement to trade secret protection, the vendor, service
provider, or operator shall file with the director the following information on a form
prescribed by the division. The form shall include:
(a) The claimant's name, authorized representative, mailing address, and phone
number;
(b) The specific information claimed to be entitled to trade secret protection;
(c) Whether there has been a previous determination by a court or by a
governmental agency that the information is or is not entitled to confidential
treatment; and
(d) The measures taken by the vendor, service provider, or operator to protect the
confidentiality of the information.
Any information claimed to be a trade secret shall be disclosed by the director only:
(a) In accordance with this section and KRS 353.6605 and 353.6606; or
(b) If ordered by a court to do so.
Vendors, service providers, and operators shall identify the volume and relative
concentration of any chemicals used in the high-volume horizontal fracturing
treatment that are claimed to be a trade secret to the cabinet. The cabinet shall
release that information to any health professional who request the information if:
(a) The request is in writing;
(b) The health professional provides a written statement of the need for the
information; and
(c) The health professional executes a confidentiality agreement.
The health professional's written statement of need under subsection (4)(b) of this
section shall be a statement that the health professional has a reasonable basis to
believe that:
(a) The information is needed for purposes of diagnosis or treatment of an
individual; and
(b) The individual being diagnosed or treated may have been exposed to the
chemical concerned.
The confidentiality agreement shall state:
(a) The health professional shall not use the information for purposes other than
the health needs asserted in the written statement of need; and
(b) The health professional shall otherwise maintain the information as
confidential.
(7)
(8)
(9)
Where a health professional determines that a medical emergency exists, and the
amount or mixture of any chemicals claimed to be a trade secret are necessary for
emergency treatment, the director shall:
(a) Immediately direct the vendor, service provider, or operator, as applicable, to
disclose the information to the health professional upon verbal
acknowledgement by the health professional that:
1.
The information shall not be used for purposes other than the health
needs asserted; and
2.
The health professional shall otherwise maintain the information as
confidential; and
(b) Request a written statement of need and a confidentially agreement from all
health professionals to whom the information regarding the concentration or
mixture of any chemicals claimed to be a trade secret was disclosed, as soon
as circumstances permit.
Information disclosed to a health professional under this section shall not be
construed as publicly available by virtue of the disclosure of the information to a
health care professional. Release of the information under this section shall not be
construed as a waiver of a trade secret claim by the party who has asserted that
claim.
The division shall develop a form for the vendor, service provider, or operator to
claim trade secret status under subsections (1) and (2) of this section and a standard
confidentiality agreement for medical professionals under subsections (5), (6), and
(7) of this section.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 21, sec. 8, effective June 24, 2015.
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