§ 13-25-2-13 — Duty to release chemical identity information

(a) An owner or operator of a facility that is
subject to the requirements of section 8, 9, 10, or 11 of this chapter
shall provide the specific chemical identity, if known, of a hazardous
chemical or extremely hazardous substance to any health professional
who requests the information in writing if the health professional
provides a written statement of need under this section and a written
confidentiality agreement under subsection (e). The written statement
of need must specify that the health professional has a reasonable basis
to suspect that:
(1) the information is needed for purposes of diagnosis or
treatment of an individual;
(2) the individual or individuals being diagnosed or treated have
been exposed to the chemical concerned; and
(3) knowledge of the specific chemical identity of the chemical
will assist in diagnosis or treatment.
After receiving a written request under this subsection, the owner or
operator to whom the request is made shall promptly provide the
requested information to the health professional. Except as provided
under subsection (e), the authority to withhold the specific chemical
identity of a chemical under section 12 of this chapter when the
information is a trade secret does not apply to information required to
be provided under this subsection.
(b) An owner or operator of a facility that is subject to the
requirements of section 8, 9, 10, or 11 of this chapter shall provide a
copy of a material safety data sheet or an inventory form, including the
specific chemical identity, if known, of a hazardous chemical or
extremely hazardous substance to any treating physician or nurse who
requests the information if the physician or nurse determines that:
(1) a medical emergency exists;
(2) the specific chemical identity of the chemical concerned is
necessary for or will assist in emergency or first-aid diagnosis or
treatment; and
(3) the individual or individuals being diagnosed or treated have
been exposed to the chemical concerned.
Immediately after receiving a request under this subsection, the owner
or operator to whom the request is made shall provide the requested
information to the physician or nurse. The authority to withhold the
specific chemical identity of a chemical from a material safety data
sheet or an inventory form under section 12 of this chapter when the
information is a trade secret does not apply to information required to
be provided to a treating physician or nurse under this subsection. A
written confidentiality agreement or statement of need is not required
as a precondition of the disclosure. However, the owner or operator
disclosing the information may require a written confidentiality
agreement in accordance with subsection (e) and a statement setting
forth the items listed in subdivisions (1) through (3) as soon as
circumstances permit.
(c) An owner or operator of a facility subject to the requirements of
section 8, 9, 10, or 11 of this chapter shall provide the specific
chemical identity, if known, of a hazardous chemical or an extremely
hazardous substance to any health professional, including a physician,
toxicologist, or epidemiologist who:
(1) is a local government employee or a person under contract
with the local government; and
(2) requests the information in writing and provides a written
statement of need under subsection (d) and a written
confidentiality agreement under subsection (e).
After receiving a written request under this subsection, the owner or
operator to whom the request is made shall promptly provide the
requested information to the local health professional. Except as
provided in subsection (e), the authority to withhold the specific
chemical identity of a chemical under section 12 of this chapter when
the information is a trade secret does not apply to information required
to be provided under this subsection.
(d) The written statement of need described in subsection (c) must
describe with reasonable detail at least one (1) of the following health
needs for the information:
(1) To assess exposure of persons living in a local community to
the hazards of the chemical concerned.
(2) To conduct or assess sampling to determine exposure levels
of various population groups.
(3) To conduct periodic medical surveillance of exposed
population groups.
(4) To provide medical treatment to exposed individuals or
population groups.
(5) To conduct studies to determine the health effects of exposure.
(6) To conduct studies to aid in the identification of a chemical
that may reasonably be anticipated to cause an observed health
effect.
(e) A person who obtains information under subsection (a) or (c)
shall, in accordance with subsection (a) or (c), agree in a written
confidentiality agreement that the person will not use the information
for any purpose other than the health needs asserted in the statement of
need, except as may otherwise be authorized by the terms of the
agreement or by the person providing the information. This subsection
does not preclude the parties to a confidentiality agreement from
pursuing any remedy to the extent permitted by law.
[Pre-1996 Recodification Citation: 13-7-37-18.]

Legislative History

As added by P.L.1-1996, SEC.15.