
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11043]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 11043. Provision of information to health professionals, 
        doctors, and nurses
        

(a) Diagnosis or treatment by health professional

    An owner or operator of a facility which is subject to the 
requirements of section 11021, 11022, or 11023 of this title shall 
provide the specific chemical identity, if known, of a hazardous 
chemical, extremely hazardous substance, or a toxic chemical to any 
health professional who requests such information in writing if the 
health professional provides a written statement of need under this 
subsection and a written confidentiality agreement under subsection (d) 
of this section. The written statement of need shall be a statement that 
the health professional has a reasonable basis to suspect that--
        (1) the information is needed for purposes of diagnosis or 
    treatment of an individual,
        (2) the individual or individuals being diagnosed or treated 
    have been exposed to the chemical concerned, and
        (3) knowledge of the specific chemical identity of such chemical 
    will assist in diagnosis or treatment.

Following such a written request, the owner or operator to whom such 
request is made shall promptly provide the requested information to the 
health professional. The authority to withhold the specific chemical 
identity of a chemical under section 11042 of this title when such 
information is a trade secret shall not apply to information required to 
be provided under this subsection, subject to the provisions of 
subsection (d) of this section.

(b) Medical emergency

    An owner or operator of a facility which is subject to the 
requirements of section 11021, 11022, or 11023 of this title shall 
provide a copy of a material safety data sheet, an inventory form, or a 
toxic chemical release form, including the specific chemical identity, 
if known, of a hazardous chemical, extremely hazardous substance, or a 
toxic chemical, to any treating physician or nurse who requests such 
information if such physician or nurse determines that--
        (1) a medical emergency exists,
        (2) the specific chemical identity of the chemical concerned is 
    necessary for or will assist in emergency or first-aid diagnosis or 
    treatment, and
        (3) the individual or individuals being diagnosed or treated 
    have been exposed to the chemical concerned.

Immediately following such a request, the owner or operator to whom such 
request is made shall provide the requested information to the physician 
or nurse. The authority to withhold the specific chemical identity of a 
chemical from a material safety data sheet, an inventory form, or a 
toxic chemical release form under section 11042 of this title when such 
information is a trade secret shall not apply to information required to 
be provided to a treating physician or nurse under this subsection. No 
written confidentiality agreement or statement of need shall be required 
as a precondition of such disclosure, but the owner or operator 
disclosing such information may require a written confidentiality 
agreement in accordance with subsection (d) of this section and a 
statement setting forth the items listed in paragraphs (1) through (3) 
as soon as circumstances permit.

(c) Preventive measures by local health professionals

                    (1) Provision of information

        An owner or operator of a facility subject to the requirements 
    of section 11021, 11022, or 11023 of this title shall provide the 
    specific chemical identity, if known, of a hazardous chemical, an 
    extremely hazardous substance, or a toxic chemical to any health 
    professional (such as a physician, toxicologist, or 
    epidemiologist)--
            (A) who is a local government employee or a person under 
        contract with the local government, and
            (B) who requests such information in writing and provides a 
        written statement of need under paragraph (2) and a written 
        confidentiality agreement under subsection (d) of this section.

    Following such a written request, the owner or operator to whom such 
    request is made shall promptly provide the requested information to 
    the local health professional. The authority to withhold the 
    specific chemical identity of a chemical under section 11042 of this 
    title when such information is a trade secret shall not apply to 
    information required to be provided under this subsection, subject 
    to the provisions of subsection (d) of this section.

                    (2) Written statement of need

        The written statement of need shall be a statement that 
    describes with reasonable detail one or more of the following health 
    needs for the information:
            (A) To assess exposure of persons living in a local 
        community to the hazards of the chemical concerned.
            (B) To conduct or assess sampling to determine exposure 
        levels of various population groups.
            (C) To conduct periodic medical surveillance of exposed 
        population groups.
            (D) To provide medical treatment to exposed individuals or 
        population groups.
            (E) To conduct studies to determine the health effects of 
        exposure.
            (F) To conduct studies to aid in the identification of a 
        chemical that may reasonably be anticipated to cause an observed 
        health effect.

(d) Confidentiality agreement

    Any person obtaining information under subsection (a) or (c) of this 
section shall, in accordance with such subsection (a) or (c) of this 
section, be required to agree in a written confidentiality agreement 
that he will not use the information for any purpose other than the 
health needs asserted in the statement of need, except as may otherwise 
be authorized by the terms of the agreement or by the person providing 
such information. Nothing in this subsection shall preclude the parties 
to a confidentiality agreement from pursuing any remedies to the extent 
permitted by law.

(e) Regulations

    As soon as practicable after October 17, 1986, the Administrator 
shall promulgate regulations describing criteria and parameters for the 
statement of need under subsection \1\ (a) and (c) of this section and 
the confidentiality agreement under subsection (d) of this section.
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    \1\ So in original. Probably should be ``subsections''.
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(Pub. L. 99-499, title III, Sec. 323, Oct. 17, 1986, 100 Stat. 1750.)

                  Section Referred to in Other Sections

    This section is referred to in sections 11042, 11045 of this title.
