§ 35-9-109 — Confidentiality of inert ingredients

(1) Except as provided by this
section, no inert ingredient information required by section 35-9-107 (1)(d) shall be
released to any person by the commissioner.

(2) A registrant may authorize the commissioner to disclose any inert
ingredient information required by section 35-9-107 by filing a signed authorization
for release of information with the commissioner.

(3) When a treating physician or the poison control service provider selected
pursuant to section 25-32-105, C.R.S., determines that a medical emergency exists
and information submitted to the commissioner concerning inert ingredients
pursuant to section 35-9-107 (1)(d) is necessary for emergency or first-aid
treatment, the commissioner may immediately disclose the information necessary
to that treating physician or to such poison control service provider. The
commissioner shall require such treating physician or such poison control service
provider to submit to the commissioner a statement of need for the information and
a confidentiality agreement, in the form and manner the commissioner shall
designate, as soon as circumstances permit.

(4) If the treating physician or the poison control service provider, after
receiving confidential information regarding a pesticide, determines that there is a
need to disclose the information to another health professional, including a
physician or a toxicologist, due to an immediate health emergency, whether public
or individual, the treating physician or the poison control service provider shall so
inform the commissioner. The commissioner shall require confidentiality from any
such health professional to whom the confidential information is disclosed.

Legislative History

Source: L. 90: Entire article R&RE, p. 1563, � 1, effective June 7. L. 94: (3) and (4) amended, p. 1669, � 5, effective July 1, 1995. L. 2003: (3) amended, p. 2001, � 62, effective May 22. L. 2010: (1), (2), and (3) amended, (SB 10-034), ch. 376, p. 1768, � 7, effective July 1.