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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVI PUBLIC HEALTH
  • CHAPTER 111F HAZARDOUS SUBSTANCES DISCLOSURE BY EMPLOYERS
  • Section 20 Material safety data sheets, release to treating physician; confidentiality agreement

Section 20. (a) A preparer shall provide an MSDS without trade secret information immediately on a confidential basis to a community resident’s treating physician who states in writing that said resident’s medical condition may be the result of exposure to a toxic or hazardous substance present in the said employer’s workplace; provided, however that such treating physician shall be required to sign concurrently a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement.

(b) A preparer shall provide the information withheld from an MSDS as a trade secret immediately on a confidential basis to a community resident’s treating physician who states in writing that a medical emergency as defined in section one exists with respect to the resident; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation, within twenty-four hours a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of this agreement.