{"data":{"id":"us-ky/krs-353.6604","jurisdiction":"us-ky","citation":"KRS 353.6604","heading":"Confidentiality of trade secrets -- When disclosure is required.","body":"(1) If the vendor, service provider, or operator of a high -volume horizontal fracturing\ntreatment claims that the volume of a chemical or relative concentration of chemical\nis a trade secret, the operator of the horizontal well shall indicate that claim on the\nchemical disclosure registry form and, as applicable, the vendor, service provider,\nor operator shall submit a request to the director to designate the information as a\ntrade secret.\n(2) At the time of claiming entitlement to trade secret protection, the vendor, service\nprovider, or operator shall file with the director the following information on a form\nprescribed by the division. The form shall include:\n(a) The claimant's name, authorized representative, mailing address, and phone\nnumber;\n(b) The specific information claimed to be entitled to trade secret protection;\n(c) Whether there has been a previous determination by a court or by a\ngovernmental agency that the information is or is not entitled to confidential\ntreatment; and\n(d) The measures taken by the vendor, service provider, or operator to protect the\nconfidentiality of the information.\n(3) Any information claimed to be a trade secret shall be disclosed by the director only:\n(a) In accordance with this section and KRS 353.6605 and 353.6606; or\n(b) If ordered by a court to do so.\n(4) Vendors, service providers, and operators shall identify the volume and relative\nconcentration of any chemicals used in the high -volume horizontal fracturing\ntreatment that are claimed to be a trade secret to the cabin et. The cabinet shall\nrelease that information to any health professional who request the information if:\n(a) The request is in writing;\n(b)  The health professional provides a written statement of the need for the\ninformation; and\n(c) The health professional executes a confidentiality agreement.\n(5) The health professional's written statement of need under subsection (4)(b) of this\nsection shall be a statement that the health professional has a reasonable basis to\nbelieve that:\n(a) The information is needed for purposes of diagnosis or treatment of an\nindividual; and\n(b) The individual being diagnosed or treated may have been exposed to the\nchemical concerned.\n(6) The confidentiality agreement shall state:\n(a) The health professional  shall not use the information for purposes other than\nthe health needs asserted in the written statement of need; and\n(b) The health professional shall otherwise maintain the information as\nconfidential.\n(7) Where a health professional determines that a m edical emergency exists, and the\namount or mixture of any chemicals claimed to be a trade secret are necessary for\nemergency treatment, the director shall:\n(a) Immediately direct the vendor, service provider, or operator, as applicable, to\ndisclose the inf ormation to the health professional upon verbal\nacknowledgement by the health professional that:\n1. The information shall not be used for purposes other than the health\nneeds asserted; and\n2. The health professional shall otherwise maintain the information  as\nconfidential; and\n(b) Request a written statement of need and a confidentially agreement from all\nhealth professionals to whom the information regarding the concentration or\nmixture of any chemicals claimed to be a trade secret was disclosed, as soon\nas circumstances permit.\n(8) Information disclosed to a health professional under this section shall not be\nconstrued as publicly available by virtue of the disclosure of the information to a\nhealth care professional. Release of the information under this s ection shall not be\nconstrued as a waiver of a trade secret claim by the party who has asserted that\nclaim.\n(9) The division shall develop a form for the vendor, service provider, or operator to\nclaim trade secret status under subsections (1) and (2) of th is section and a standard\nconfidentiality agreement for medical professionals under subsections (5), (6), and\n(7) of this section.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44247","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:40Z","sha256":"e0a41883cefe22b9de63d54a907917ef852eb81766d41494fb8a8e8e17dbb732","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.6603","next":"us-ky/krs-353.6605"},"notice":"GroundRules: Original legal text. Not legal advice."}