For Pennsylvania's Doctors, a Gag Order on Fracking Chemicals

Under a new law, doctors in Pennsylvania can access information about chemicals used in natural gas extraction -- but they won't be able to share it with their patients...

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The...law states that companies must disclose the identity and amount of any chemicals used in fracking fluids to any health professional that requests that information in order to diagnosis or treat a patient that may have been exposed to a hazardous chemical. But the provision in the new bill requires those health professionals to sign a confidentiality agreement stating that they will not disclose that information to anyone else -- not even the person they're trying to treat.

The provision was not in the initial versions of the law debated in the state Senate or House in February; it was added in during conference between the two chambers, said State Senator Daylin Leach (D), which meant that many lawmakers did not even notice that this "broad, very troubling provision" had been added.

Originally posted by TiredofControlFreaks
There is NOTHING that stops the doctor from telling a patient that he has symptoms that appear to be related to exposure to fracking fluid and recommending treatment options. (or from telling the patient that his symptoms cannot be possibly caused by the fracking fluid used by a local company).

OIL AND GAS (58 PA.C.S.) - OMNIBUS AMENDMENTS: Act of Feb. 14, 2012, P.L. 87, No. 13

(11) If a health professional determines that a medical emergency exists and the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information are necessary for emergency treatment, the vendor, service provider or operator shall immediately disclose the information to the health professional upon a verbal acknowledgment by the health professional that the information may not be used for purposes other than the health needs asserted and that the health professional shall maintain the information as confidential. The vendor, service provider or operator may request, and the health professional shall provide upon request, a written statement of need and a confidentiality agreement from the health professional as soon as circumstances permit, in conformance with regulations promulgated under this chapter.

Originally posted by TiredofControlFreaks
We really don't need the melodrama here.

Originally posted by TiredofControlFreaks
Its like a doctor acquiring the recipe for fig newtons to be able to diagnose a patient who claims to be allergic to flour. The doctor needs to confirm that the company uses flour in the recipe but the patient has not need to know what the exact recipe is.

Originally posted by TiredofControlFreaks
Tired of Control Freaks

PO EDITORIAL: Fracking gag order places doctors in ethical bind

Act 13, the law establishing an optional impact tax on gas drilling in Pennsylvania, reportedly contains a little-known provision that gives doctors access to information on the chemicals in the fracking fluid.

But it trades that information in return for confidentiality agreements prohibiting doctors from sharing what they learn with anyone - including, it seems, their patients. Doctors who violate the non-disclosure deals would be subject to penalties, and those who refuse to sign would be denied the information.

That means a doctor who manages to establish a link between fracking chemicals and specific or general public health impacts wouldn't be able to make those findings known.

The revelation comes amid concerns of the state medical community about a lack of data and research on the impacts of hydraulic fracking. In an February essay in The Patriot-News, Dr. Marilyn Heine, president of the Pennsylvania Medical Society, noted that she doesn't know what to tell patients with questions about local hydraulic fracking and their health. "We have no definitive answers to these questions because we lack data,"

And while Act 13 could provide those answers, it also denies doctors the safe legal standing to disseminate them.

Originally posted by smyleegrl
Wow.

Wonder who got the bribes for this piece of work.

Can it be challenged in court?

Originally posted by smyleegrl
reply to post by TiredofControlFreaks

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Excellent post.

Knee-jerk reactions. They get us all.

“I have never seen anything like this in my 37 years of practice,” says Dr. Helen Podgainy, a pediatrician from Coraopolis, Pa. She says it’s common for physicians, epidemiologists, and others in the health care field to discuss and consult with each other about the possible problems that can affect various populations. Her first priority, she says, “is to diagnose and treat, and to be proactive in preventing harm to others.” The new law, she says, not only “hinders preventative measures for our patients, it slows the treatment process by gagging free discussion.”

Psychologists are also concerned about the effects of fracking and the law’s gag order. “We won’t know the extent of patients becoming anxious or depressed because of a lack of information about the fracking process and the chemicals used,” says Kathryn Vennie of Hawley, Pa., a clinical psychologist for 30 years. She says she is already seeing patients “who are seeking support because of the disruption to their environment.” Anxiety in the absence of information, she says, “can produce both mental and physical problems.”

The law is not only “unprecedented,” but will “complicate the ability of health department to collect information that would reveal trends that could help us to protect the public health,” says Dr. Jerome Paulson, director of the Mid-Atlantic Center for Children’s Health and the Environment at the Children’s National Medical Center in Washington, D.C. Dr. Paulson, also professor of pediatrics at George Washington University, calls the law “detrimental to the delivery of personal health care and contradictory to the ethical principles of medicine and public health.” Physicians, he says, “have a moral and ethical responsibility to protect the health of the public, and this law precludes us from doing all we can to protect the public.” He has called for a moratorium on all drilling until the health effects can be analyzed.

“The confidentiality agreements are worrisome,” says Peter Scheer, a journalist/lawyer who is executive director of the First Amendment Coalition. Physicians who sign the non-disclosure agreements and then disclose the possible risks to protect the community can be sued for breech of contract, and the companies can seek both injunctions and damages, says Scheer.

In pre-trial discovery motions, a company might be required to reveal to the court what it claims are trade secrets and proprietary information, with the court determining if the chemical and gas combinations really are trade secrets or not. The court could also rule that the contract is unenforceable because it is contrary to public policy, which places the health of the public over the rights of an individual company to protect its trade secrets, says Scheer. However, the legal and financial resources of the natural gas corporations are far greater than those of individuals, and they can stall and outspend most legal challenges.

FRACKING: Pennsylvania Gags Physicians