Will Pennsylvania Reverse its Gag Order on Fracking Chemicals?
Doctors in the Keystone State might be able to warn their patients about the hazards of fracking solution after all.
As the debate over a controversial "gag" provision in Pennsylvania's new natural gas law ratchets up, state legislators are considering revoking the provision altogether.
The law (known as Act 13), which went into effect on Saturday, allows drilling companies to keep information about the composition of fracking fluid from the public in the name of guarding proprietary information. Pre-existing Pennsylvania law grants an exception to this rule for health professionals, who have the right to request and receive information about fracking fluid composition in order to diagnose or treat a patient who may have been exposed to the chemical.
But as MoJo's Kate Sheppard reported previously, a last-minute provision in Act 13 requires health professionals to sign confidentiality agreements with gas drilling companies, which critics argued would prohibit doctors from discussing the fracking fluid formula with their patients. Gov. Tom Corbett's top energy official since clarified that doctors would still be allowed to share information about fracking fluid chemicals with patients, just not with a broader audience.
That distinction isn't made clear in the statute (PDF), says Sen. Daylin Leach, a Democrat representing the 17th district. When the bill passed in March, Leach called the provision "broad" and "troubling." Now he plans to introduce a new bill (due out later this week) that will challenge the confidentiality provision and seek to clarify its terms.
"Act 13, as written, raises a number of issues which impede the timely and appropriate provision of health care to patients, and put health care professionals needlessly at legal risk," Leach wrote in a public statement released Friday.