Sec. 13. (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.]

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