The Florida Senate

¹442.111  Trade secrets; claim conditions; disclosure in medical emergency and nonemergency situations.--

(1)  A claim of trade secret may be made by a chemical manufacturer or employer by withholding the specific chemical identity from the material safety data sheet if:

(a)  The claim that the information withheld is a trade secret can be supported;

(b)  Information contained in the material safety data sheet concerning the properties and effects of the toxic substance is disclosed;

(c)  The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret; and

(d)  The specific chemical identity is made available to health professionals in accordance with the applicable provisions of this section.

(2)  When a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a toxic chemical is needed for emergency or first aid treatment, the chemical manufacturer or employer shall immediately disclose the specific chemical identity of a trade secret chemical to that treating physician or nurse, regardless of the existence of a written statement of need or of a confidentiality agreement. The chemical manufacturer or employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of subsections (3) and (4), as soon as circumstances permit.

(3)  In a nonemergency situation, a chemical manufacturer or employer shall, upon request, disclose a specific chemical identity which is otherwise permitted to be withheld under subsection (1) to a health professional if:

(a)  The request is in writing;

(b)  The request describes with reasonable detail one or more of the following occupational health needs for the information:

1.  To assess the toxicity of the chemicals to which employees will be exposed;

2.  To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels;

3.  To conduct preassignment or periodic medical surveillance of exposed employees;

4.  To provide medical treatment to exposed employees;

5.  To select or assess appropriate personal protective equipment for exposed employees;

6.  To design or assess engineering controls or other protective measures for exposed employees; or

7.  To conduct studies to determine the health effects of exposure;

(c)  The request explains in detail why the disclosure of the specific chemical identity is essential and that, the disclosure of the following information, in lieu thereof, would not enable the health professional to provide the occupational health services described in this subsection:

1.  The properties and effects of the chemical;

2.  Measures for controlling workers' exposure to the chemical;

3.  Methods of monitoring and analyzing worker exposure to the chemical; and

4.  Methods of diagnosing and treating harmful exposures to the chemical;

(d)  The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and

(e)  The health professional and the employer or contractor of the health professional's services (i.e., downstream employer, labor organization, or individual employer) agree in a written confidentiality agreement that the health professional will not use the trade secret information for any purpose other than the health needs asserted and agree not to release the information under any circumstances other than to the secretary, as provided in subsection (6), except as authorized by the terms of the agreement or by the chemical manufacturer or employer.

(4)  The confidentiality agreement authorized by paragraph (3)(e):

(a)  May restrict the use of the information to the health purposes indicated in the written statement of need;

(b)  May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable preestimate of likely damages; and

(c)  May not include requirements for posting of a penalty bond.

(5)  Nothing in this act is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.

(6)  If the health professional receiving the trade secret information decides that there is a need to disclose it to the secretary, the chemical manufacturer or employer who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure.

(7)  If the chemical manufacturer or employer denies a written request for disclosure of a specific chemical identity, the denial must:

(a)  Be provided to the health professional within 30 days of the request;

(b)  Be in writing;

(c)  Include evidence to support the claim that the specific chemical identity is a trade secret;

(d)  State the specific reasons why the request is being denied; and

(e)  Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.

(8)  A specific chemical identity for which a claim of trade secret is made is confidential and exempt from the provisions of s. 119.07(1) unless the secretary determines that the chemical identity shall be released in accordance with s. 442.112(2).

History.--s. 9, ch. 84-223; s. 53, ch. 87-225; s. 8, ch. 91-269; s. 290, ch. 96-406; s. 14, ch. 99-240.

¹Note.--Repealed July 1, 2000, by s. 14, ch. 99-240.