KRS § 353.6604 — KY Code / Title XXVIII / Chapter 353 / Section 353.6604
353.6604 Confidentiality of trade secrets -- When disclosure is required
Status: in_force

353.6604 Confidentiality of trade secrets -- When disclosure is required.

(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.