THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LEACH, TARTAGLIONE, YUDICHAK, FARNESE, SCHWANK AND FERLO, MAY 7, 2012

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 7, 2012  

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, added February 14, 2012

(P.L.87, No.13), are amended to read:

§ 3222.1.  Hydraulic fracturing chemical disclosure

requirements.

* * *

(b)  Required disclosures.--

* * *

(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

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

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 for 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.

* * *

Section 2.  This act shall take effect in 60 days.