Section 317.3. Disclosure to health professionals

(a) Treating physicians and nurses.

(1) Nonemergency situation.

(i) An employer, manufacturer, importer or supplier shall disclose the chemical identification or other information claimed as a trade secret to a treating physician or nurse if:

(A) The request is in writing.

(B) The information is needed for medical diagnosis or medical treatment of an exposed person.

(ii) An employer, manufacturer, importer or supplier may require the treating physician or nurse to sign a confidentiality agreement before disclosing the trade secret.

(2) Emergency situation.

(i) An employer, manufacturer, importer or supplier shall immediately disclose the trade secret to the treating physician or nurse in the case of a medical emergency.

(ii) An employer, manufacturer, importer or supplier may require a confidential agreement when circumstances permit.

(iii) As used in this section, an emergency is a situation which poses a risk of endangering the health or safety of an exposed person and which calls for prompt action to eliminate or reduce the risk.

(b) Other health professionals.

(1) Upon the request of a health professional who is not a treating physician or nurse, an employer, supplier, manufacturer or importer shall disclose information which is claimed as a trade secret under the same conditions and subject to the same requirements as contained in the OSHA Hazard Communication Standard, 29 CFR 1910.1200(i)(3), (4) and (7) (relating to hazard communication.)

(2) A health professional whose request for information is denied under this section may file a complaint or charge with the Department.

(3) If the Department concludes that the information is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement and has shown adequate means to protect the confidentiality of the information, the Department may find the employer, supplier, manufacturer or importer in violation of the act and order them to disclose the requested information to the health professional.

(c) Confidentiality agreement. The confidentiality agreement under sections 11(c) and (d) of the act (35 P. S. § 7311(c) and (d)):

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

(2) May restrict the use of the information to the medical or other occupational health services to the exposed person.

(3) May prohibit the disclosure of the information to anyone who has not entered into a similar agreement with the consent of the person claiming the trade secret.

(4) May provide for appropriate legal remedies in the event of a breach of the agreement.