Kentucky Statutes 353.6604 – Confidentiality of trade secrets — When disclosure is required
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(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 KRS § 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.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 21, sec. 8, effective June 24, 2015.
(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:
Terms Used In Kentucky Statutes 353.6604
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Well: means a borehole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or one through which natural gas or petroleum is being produced. See Kentucky Statutes 353.010
(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 KRS § 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.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 21, sec. 8, effective June 24, 2015.