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JPZenger

(6,819 posts)
Sun Mar 18, 2012, 08:48 PM Mar 2012

New PA. Fracking Law Prohibits Doctors From Warning People About Health Risks of Fracking Chemicals

http://www.truth-out.org/fracking-pennsylvania-gags-physicians/1332078396

Fracking: Pennsylvania Gags Physicians

Sunday 18 March 2012
by: Walter Brasch

"Over the expected life time of each well, companies may use as many as nine million gallons of water and 100,000 gallons of chemicals and radioactive isotopes within a four to six week period. The additives “are used to prevent pipe corrosion, kill bacteria, and assist in forcing the water and sand down-hole to fracture the targeted formation,” explains Thomas J. Pyle, president of the Institute for Energy Research. However, about 650 of the 750 chemicals used in fracking operations are known carcinogens, according to a report filed with the U.S. House of Representatives in April 2011. Fluids used in fracking include those that are “potentially hazardous,” including volatile organic compounds, according to Christopher Portier, director of the National Center for Environmental Health, a part of the federal Centers for Disease Control. In an email to the Associated Press in January 2012, Portier noted that waste water, in addition to bring up several elements, may be radioactive. Fracking is also believed to have been the cause of hundreds of small earthquakes in Ohio and other states.

The law, an amendment to Title 52 (Oil and Gas) of the Pennsylvania Consolidated Statutes, requires that companies provide to a state-maintained registry the names of chemicals and gases used in fracking. Physicians and others who work with citizen health issues may request specific information, but the company doesn’t have to provide that information if it claims it is a trade secret or proprietary information, nor does it have to reveal how the chemicals and gases used in fracking interact with natural compounds. If a company does release information about what is used, health care professionals are bound by a non-disclosure agreement that not only forbids them from warning the community of water and air pollution that may be caused by fracking, but which also forbids them from telling their own patients what the physician believes may have led to their health problems. A strict interpretation of the law would also forbid general practitioners and family practice physicians who sign the non-disclosure agreement and learn the contents of the “trade secrets” from notifying a specialist about the chemicals or compounds, thus delaying medical treatment.

The clauses are buried on pages 98 and 99 of the 174-page law... “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 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.” ...
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New PA. Fracking Law Prohibits Doctors From Warning People About Health Risks of Fracking Chemicals (Original Post) JPZenger Mar 2012 OP
I know nothing!! Loudmxr Mar 2012 #1
yeah, and it's OBAMACARE that is going to get between doctors and patients. ,......yeah. n.t ladywnch Mar 2012 #2
Sounds a bit like Turbineguy Mar 2012 #3
I hope that doctors who take the Hippocratic oath seriously Cirque du So-What Mar 2012 #4
when a law is unjust, the only just thing to do is break the law. tech3149 Mar 2012 #13
Somewhere an old tobacco lobbyist raises an eyebrow. chknltl Mar 2012 #5
yep lunasun Mar 2012 #7
It's utterly unenforceable - the information is all public... saras Mar 2012 #6
The Republicans WANT Americans to be ignorant of science. blue neen Mar 2012 #10
Reprehensible. drm604 Mar 2012 #8
Tastes great less filling says the doctor. Historic NY Mar 2012 #9
If recent memory serves (and it does)... Demoiselle Mar 2012 #11
Thanks for restoring freedom in PA, Tea Party! freshwest Mar 2012 #12
Good comment over on dailykos.com JPZenger Mar 2012 #14
Pitt Professor of Environmental Health Speaks Out Against New Pa. Fracking Secrecy Law JPZenger Mar 2012 #15
You are fucking kidding me!!!! Curmudgeoness Mar 2012 #16

Loudmxr

(1,405 posts)
1. I know nothing!!
Sun Mar 18, 2012, 08:52 PM
Mar 2012


BTW John Banner spoke at my Jr High School .. a wonderful man.

Updated for affection.

Cirque du So-What

(25,938 posts)
4. I hope that doctors who take the Hippocratic oath seriously
Sun Mar 18, 2012, 08:58 PM
Mar 2012

tell Governor Frack and the state legislature to go fuck themselves.

tech3149

(4,452 posts)
13. when a law is unjust, the only just thing to do is break the law.
Mon Mar 19, 2012, 09:51 AM
Mar 2012

I hope I never get to meet Gov Gashole in person, I fear my otherwise pacifist and conciliatory nature might change drastically.

 

saras

(6,670 posts)
6. It's utterly unenforceable - the information is all public...
Sun Mar 18, 2012, 09:46 PM
Mar 2012

Anyone who IDENTIFIES the chemicals independently of the companies can publicize that information.

etc...

The law can't stop the doctors from pointing to public information documenting the specific relationship between the chemicals and the symptoms - the information is in too many different places.

and the sheer gall of the law - only because Americans are as ignorant of science as they are is this NOT as offensive as the wave of laws against women.

blue neen

(12,321 posts)
10. The Republicans WANT Americans to be ignorant of science.
Sun Mar 18, 2012, 11:46 PM
Mar 2012

Then we can't ask educated questions about fracking chemicals, and greenhouse gases, and acid rain, and renewable energy sources.

Demoiselle

(6,787 posts)
11. If recent memory serves (and it does)...
Sun Mar 18, 2012, 11:58 PM
Mar 2012

These are the same lawmakers who are on the brink of mandating ultrasound exams for all women planning abortions.
(It's been sidelined, but who knows for how long?) Our beloved Governor stated that a woman could just "close her eyes" if she didn't want to look at the ultrasound.
Now our health care providers are being ordered to close their eyes in matters of environmental pollution.
Krikey.

JPZenger

(6,819 posts)
14. Good comment over on dailykos.com
Mon Mar 19, 2012, 12:53 PM
Mar 2012

I appreciated this comment made on this issue over at www.dailykos.com:

"We have Republican legislatures mandating that doctors tell women that abortion is linked to breast cancer which is a lie. Republican legislatures will cover up for a doctor who lies to a woman screening for birth defects if the doctor chooses to tell here there are none, even if there are. Republican legislatures are ordering doctors to perform unnecessary medical test on some women. Republican legislatures have outlawed the ability of dairies to label their products as free of growth hormones. Not making any health claims about it but just putting the fact that they're not there on the label so that people can choose.

And now, a Republican legislature is barring doctors from discussing environmental carcinogens, even if they are seeing effects in their patient population.

How dare any one of them ever utter the word tyranny in association with Democrats wanting people to have access to health care. Who are the tyrants in this picture? They are legislating lies and barring the free flow of information. This is outrageous."

JPZenger

(6,819 posts)
15. Pitt Professor of Environmental Health Speaks Out Against New Pa. Fracking Secrecy Law
Mon Mar 19, 2012, 01:57 PM
Mar 2012
http://www.post-gazette.com/stories/opinion/perspectives/the-pennsylvania-gas-law-fails-to-protect-public-health-221830/?p=0

Excerpts:

Authors: Dr. Bernard Goldstein is emeritus professor in the U. Pitt Graduate School of Public Health's Department of Environmental and Occupational Health ( www.publichealth.pitt.edu ). Jill Kriesky is senior project coordinator at the school's Center for Health Environments and Communities.

"...Corbett recently signed a bill that goes beyond just ignoring concerns about the potential human health effects of Marcellus Shale drilling, it retains some of the worst aspects of industry secrecy about proprietary hydrofracking chemicals while making unethical demands on physicians. Imagine a physician caring for a child whose illness might have been caused by long-term exposure to a proprietary fracking chemical while playing near a drill site. Assume that after signing a legally binding nondisclosure agreement, the physician is given the identity of the chemical and comes to believe it caused the illness. What can the physician tell the families of other neighborhood children who play in the same field?

Under the newly enacted law..., a physician may receive information about a proprietary chemical used in the fracking process, but the physician must agree to not reveal this information to the public. The law also allows the company to keep secret from physicians information about agents that come up from the ground during drilling, such as natural gas constituents -- which themselves can be toxic -- and naturally occurring toxic agents such as arsenic, barium, brine components and radioactive compounds dissolved in flowback water. Nor can public health authorities begin with knowledge of a secret chemical and ask whether there is an increase in an illness that the chemical is known to cause.

Drillers should have an affirmative duty to know what dangerous chemicals they are introducing into the environment. Instead, the bill is laced with excuses: "the vendor didn't tell us" or "it was unintentional" or "it must be due to a chemical reaction." But chemicals inherently react with each other -- that is their nature. By making ignorance an excuse, the law absolves drillers from doing their homework.

... the governor's Marcellus Shale Advisory Commission was charged with protecting the environment and citizens' health and welfare....Yet the governor's 32-member commission included no health professionals, and the seven state agencies involved did not include the state Department of Health."




Curmudgeoness

(18,219 posts)
16. You are fucking kidding me!!!!
Mon Mar 19, 2012, 09:54 PM
Mar 2012

I only hope that every doctor in this state decides to do the right thing and do some civil disobedience. Seems to me that the doctors have a pretty good lobby with the AMA, and they should be able to expose this and fight it----if they want to.

I, for one, intend to have a conversation with my doctor about his reaction to this and what he would do.

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