Kan. Admin. Regs. § 82-3-1402 - Hydraulic fracturing treatment; disclosure of trade secrets

(a) Director.

(1) The manufacturer, supplier, service company, or operator shall provide the specific identity of a chemical constituent reported to be a trade secret to the director under the following circumstances:

(A) Within two business days after receipt of a letter from the director stating that the information is necessary to investigate a spill or contamination of fresh and usable water relating to a hydraulic fracturing treatment; or

(B) immediately following notice from the director that an emergency requiring disclosure exists.

(2) The director may authorize disclosure of a trade secret disclosed under paragraph (a)(1) to any of the following persons:

(A) Any commissioner or commission staff member;

(B) the secretary or any staff member of the department of health and environment; or

(C) any relevant public health officer or emergency manager.

(b) Health professionals.

(1) A manufacturer, supplier, service company, or operator shall provide the specific identity of a chemical constituent reported to be a trade secret to any health professional who meets one of the following requirements:

(A) Provides a written statement of need and signs a confidentiality agreement on a form provided by the commission; or

(B) determines that the information is reasonably necessary for emergency treatment, verbally agrees to confidentiality, and provides a written statement of need and signed confidentiality agreement as soon as circumstances permit.

(2) Each statement of need shall state that the health professional has reasonable basis to believe that the information will assist in diagnosis or treatment of a specific individual who could have been exposed to the chemical constituents.

(3) Each confidentiality agreement shall state that the health professional will not disclose or use the information for any reason other than those reasons asserted in the statement of need.

(c) Continued confidentiality. A trade secret disclosed pursuant to this regulation shall not be further disclosed except as authorized by this regulation, K.S.A. 66-1220a and amendments thereto, or K.A.R. 82-1-221a.

Notes

Kan. Admin. Regs. § 82-3-1402

Authorized by and implementing K.S.A. 2012 Supp. 55-152; effective Dec. 2, 2013.