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 Sec. 1900.1200(i)(3), (4) and (7). 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 this act and order them to disclose the requested information to the health professional.