353.6604 Confidentiality of trade secrets -- When disclosure is required.
619 words·~3 min read·
/ky/chapter-353/353-6604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.
(3)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.
(4)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.
(5)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.
(6)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)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.
(8)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.
(9)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.