Title 42 — The Public Health and WelfareRelease 119-73

§11043 Provision of information to health professionals, doctors, and nurses

Title 42 › Chapter CHAPTER 116— - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 11043

Last updated Apr 6, 2026|Official source

Summary

Owners or operators of facilities covered by sections 11021, 11022, or 11023 must give the exact name of a hazardous, extremely hazardous, or toxic chemical to health professionals who ask in writing and who also give a written reason for needing it and sign a written promise to keep it confidential. For routine care the health professional’s written reason must say they reasonably believe the chemical identity is needed to diagnose or treat someone who was exposed. In a medical emergency, a treating doctor or nurse can get a material safety data sheet, inventory form, or toxic release form (with the chemical name if known) if they decide the situation is an emergency, the patient was exposed, and the chemical identity will help emergency or first-aid care. Local government health workers or contractors can request the same information in writing for public-health work (like checking community exposures, sampling, medical monitoring, treatment, or studies) and must also sign the confidentiality agreement. The recipient must use the information only for the stated health purpose. The Administrator must write rules about the needed statements and confidentiality soon after October 17, 1986.

Full Legal Text

Title 42, §11043

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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). 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.

(b)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.

(c)(1)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).

(2)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)Any person obtaining information under subsection (a) or (c) shall, in accordance with such subsection (a) or (c), 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)As soon as practicable after October 17, 1986, the Administrator shall promulgate regulations describing criteria and parameters for the statement of need under subsection 11 So in original. Probably should be “subsections”. (a) and (c) and the confidentiality agreement under subsection (d).

Reference

Citations & Metadata

Citation

42 U.S.C. § 11043

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73