Thursday, August 2, 2012

Pennsylvania doctor files suit over gag rule in fracking-chemical disclosure law

A Pennsylvania physician has filed a federal lawsuit claiming that the state's new oil and gas drilling law will force him to violate ethical rules in treating his patients. Kidney specialist Alfonso Rodriguez  argues that if one of his patients was exposed to, and potentially sickened by, fluids used in hydraulic fracturing, the law's confidentiality requirements would compromise his ability to discuss the chemicals with the patient.

His attorney told Sandy Bauers of The Philadelphia Inquirer that Rodriguez frequently treats such patients, including well workers exposed to fluids in a blowout. "He is the doctor fracking-fluid exposees go to," Paul Rossi said. "It's not hypothetical that he's going to need to make use of this law. He may have to go to the gas companies to get information on an ongoing basis." Because of the vagueness of the law, he said, Rodriguez has hired an attorney to draft a letter to his patients notifying them that "his ethical obligation to communicate with them may be curtailed." (Read more)

The suit was filed last week in Scranton. It asks that the medical provisions of the law be suspended until the state drafts regulations to clarify it. The suit names as defendants state Attorney General Linda Kelly, Environmental Protection Secretary Michael Krancer, and Public Utilities Commission Chairman Robert Powelson. 

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