PRINTER'S NO. 1723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1292
Session of
2015
INTRODUCED BY FRANKEL, ROZZI, V. BROWN, THOMAS, TRUITT, FREEMAN,
McNEILL, O'BRIEN, PASHINSKI, MURT, BRIGGS, MULLERY, BROWNLEE,
COHEN, DEAN, ROEBUCK, SANTARSIERO, M. DALEY, D. COSTA, VITALI
AND BRADFORD, JUNE 5, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 5, 2015
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for hydraulic
fracturing chemical disclosure requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3222.1(b)(10) and (11) of Title 58 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 3222.1. Hydraulic fracturing chemical disclosure
requirements.
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(b) Required disclosures.--
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(10) A vendor, service company or operator shall
identify the specific identity and amount of any chemicals
claimed to be a trade secret or confidential proprietary
information to any health professional who requests the
information in [writing if the health professional executes a
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confidentiality agreement and provides a written statement of
need for the information indicating all] any of the following
instances:
(i) The information is needed for the purpose of
diagnosis or treatment of an individual.
(ii) The individual being diagnosed or treated may
have been exposed to a hazardous chemical.
(iii) Knowledge of information will assist in the
diagnosis or treatment of an individual.
(11) [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.] A health professional may
not disseminate the trade secret or confidential proprietary
information disclosed under paragraph (10), except in the
following instances:
(i) The disclosure relates to the diagnosis or
treatment of a patient and the disclosure is provided to
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another health professional, the patient, designee of the
patient or any other person whose knowledge the health
professional deems important to the diagnosis or
treatment of the patient or the prevention of future
health issues.
(ii) The disclosure occurs during procurement of
payment f or services rendered or planned.
(iii) The disclosure is provided to a public health
official or is intended to further public health.
(iv) The disclosure is used for the study of any
chemical involved.
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Section 2. This act shall take effect in 60 days.
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