§ 95-198. Medical emergency and nonemergency situations.
§95‑198. Medical emergency and nonemergency situations.
(a) Where a treatinghealth care provider determines that a medical emergency exists and thespecific chemical identity of a hazardous chemical is necessary for emergencyor first‑aid treatment, the chemical manufacturer, importer, or employershall immediately disclose the specific chemical identity of a hazardoussubstance trade secret substance to that treating physician or nurse,regardless of the existence of written statement of need or a confidentialityagreement. The chemical manufacturer, importer, or employer may require awritten statement of need and a confidentiality agreement as soon ascircumstances permit. The confidentiality agreement (i) may restrict the use ofthe information to the health purposes indicated in a written statement ofneed; (ii) may provide for appropriate legal remedies in the event of a breachof the agreement, including stipulation of a reasonable pre‑estimate oflikely damages; and (iii) may not include requirements for the posting of apenalty bond. The parties are not precluded from pursuing noncontractualremedies to the extent permitted by law.
(b) In nonemergencysituations, a chemical manufacturer, importer, or employer shall, upon request,disclose a specific chemical identity, otherwise permitted to be withheld underthis section, to a responsible party, as defined in the standards adopted inTitle 13, Subchapter 7F of the North Carolina Administrative Code (13 NCAC 7F),providing medical or other occupational health services to exposed persons ifthe request is in writing and states the medical need for the information. Theemployer may require that the responsible party sign a confidentialityagreement prior to release of the information. The parties are not precludedfrom pursuing noncontractual remedies to the extent permitted by law.
(c) If the chemicalmanufacturer, importer or employer denies a written request for hazardoussubstance trade secret release, or does not provide this information within 30days, the Department of Labor shall initiate the trade secret claimdetermination process under G.S. 95‑197. (1985, c. 775, s. 1; 1998‑217,s. 31.)