UPDATE – on 7/26/12 a PA Court rejected the portion of this law that forbids municipalities from limiting natural gas drilling within their boundaries.
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A dangerous new law signed by Pennsylvania governor Tom Corbett takes away the rights of local governments to use zoning laws to regulate the location of natural gas drilling sites in their communities – even if those wells are adjacent to homes, schools, hospitals, parks or other public areas.
Even more concerning is a gag on doctors treating patients for suspected chemical exposure, all under the guise that the chemicals being injected into the ground are a “trade secret” –
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.
The Pennsylvania Medical Society has already voiced frustration that the lack or research on the health effects of fracking chemicals has crippled doctors trying to take care of patients who live or work near fracking sites.
Uncertainty prompts me to write that as a doctor, I do not know what to tell Pennsylvania patients when they ask me if hydraulic fracturing—fracking—in their neighborhood or region might affect their health.
I’ve seen anecdotal stories in the media. I’ve read as much as I could find about how the hydraulic fracturing process works. But I’m still uncertain because we lack data and research on the matter.
My colleagues in the Marcellus Shale regions tell me that they are getting questions from patients every day, such as, “I’ve had well water for many years—should I have it tested now that there’s a gas well nearby?” and “I’ve had this rash off and on for a while; could it be related to the gas well they just finished a mile or so up my road?” or “A gas well was just finished near our house; my children play nearby and even though they’re not sick right now, how will I know if they get sick from it—even years from now?”
We have no definitive answers to these questions because we lack data.
By now gagging doctors who may discover health risks of fracking chemicals, Governor Corbett and his allies in the legislature are making sure that the public is kept in the dark as to the real consequences of natural gas drilling in the Marcellus Shale.
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UPDATE –
The Public Record – reports on this issue. Here is what one doc they interviewed had to say –
“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.”
The Atlantic Monthly has picked up the story, with some insight into how the gag order made it into the law –
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. “The importance of keeping it as a proprietary secret seems minimal when compared to letting the public know what chemicals they and their children are being exposed to,” Leach told Mother Jones.