Explainer: Could State Laws Make Doctors Withhold Information from Patients Sickened by Fracking?

Explainer: Could State Laws Make Doctors Withhold Information from Patients Sickened by Fracking? by Nicholas Kusnetz, July 23, 2012, OnEarth
“Doctors are in a bind because if they were to tell their patient, they could be accused of violating the confidentiality law. It’s that simple,” said Jerry Silberman, a senior staff representative at the Pennsylvania Association of Staff Nurses and Allied Professionals. “The chilling effect of it is profound.” His concerns were echoed by Adam Finkel, an expert on regulation at the University of Pennsylvania Law School and a former official with the federal Occupational Safety and Health Administration, who added that it’s unclear how disclosure to the patient would work even if it is allowed, as Avila said. Would the patient have to sign a confidentiality agreement as well? What about the patient’s family? “When the devil’s in the details but there are no details, given the reality of political power, you worry about who is going to really be in jeopardy when this thing goes through without being clear,” Finkel said. The Marcellus Shale Coalition, an industry group, declined to answer questions from OnEarth, as did the Pennsylvania Health Department. … “Every phase of the gas production activity, every single phase of that, is using multiple chemicals,” said Carl Werntz, a physician in occupational and environmental medicine at West Virginia University’s School of Medicine. … What’s more, Werntz and others say, that list would not include the toxic, naturally occurring substances — such as radium or barium….