Section 245.730  Trade Secret Disclosure to Health Professional

a)         Information furnished under a claim of trade secret will be provided by the Department to a health professional who:

1)         states a need for the information and articulate why the information is needed;

2)         states whether the affected patient requires emergency or non-emergency (Section 1-77(l) of the Act) health care services; and

3)         identifies the name and profession of the health professional and the name and location of the facility where the affected patient is being treated.

b)         A person furnishing information to the Department under a claim of trade secret shall:

1)         provide the Department with a telephone number and e-mail where the trade secret holder may be reached at any time (24 hours/day, 7 days/week), and the Department shall post on its website, by county, a list of operators and well sites, showing or linking to the telephone and e-mail information of the trade secret claimant; and

2)         post in a conspicuous place at the well site, available 24 hours/day, 7 days/week, the name, telephone number and address of an employee, agent or contractor of the permittee having knowledge of the specific chemicals being used in the HVHHF operation at any given time.

c)         In an emergency health care situation, a health professional:

1)         shall call the Department's Office of Oil and Gas Resource Management and the Department shall provide any properly-requested information to the health professional as quickly as possible by telephone, fax or other means of communication requested or agreed upon; or

2)         may call the trade secret holder at any time (24 hours/day, 7 days/week) and request the information from the trade secret holder directly. The trade secret holder shall provide any properly-requested information to the health professional as quickly as possible, but at least within 2 hours, by telephone, fax or other means of communication requested or agreed upon.

d)         In a non-emergency health care situation, a health professional shall:

1)         call or email the Department's Office of Oil and Gas Resource Management. The Department shall provide any properly-requested information to the health professional within one business day by telephone, fax or other means of communication requested or agreed upon; or

2)         call the trade secret holder at any time (24 hours/7 days a week) and submit a completed request for information to the trade secret holder directly by fax or email.  The trade secret holder shall respond to the health professional within the same business day by fax or other methods determined by the trade secret holder to be a secure means of disclosure.

e)         The health professional may share information disclosed pursuant to this Section with other persons as may be professionally necessary in accordance (and only in accordance) with the provisions of Section 1-77 of the Act.

f)         If, pursuant to this Section, the Department releases any trade secret information to a health professional, it will notify the trade secret holder of that release.