Doctors given new access to the proprietary chemical recipes that oil and gas drillers use to crack into Ohio shale would be prohibited from sharing the information with the public under an energy proposal moving through the Ohio House.
Environmentalists liken the restriction to a gag order
on medical professionals. Drilling companies say it's necessary to
protect trade secrets.
On Tuesday, the Ohio State Medical Association, Ohio's
largest doctors' group, said the wording of the provision could keep
physicians from complying with mandates for public-health reporting.
"The OSMA strongly believes that physicians should have
access to all of the relevant information needed to deliver
high-quality medical care to their patients," senior director of
government relations Tim Maglione wrote in a letter to Public Utilities
Chairman Peter Stautberg. "This information also needs to be shared with
other medical providers who are contributing to caring for a patient."
The association urged lawmakers to clarify the
provision so that chemical trade secrets can be shared with public
health and regulatory agencies. Environmental groups testified earlier
the wording could also prevent doctors from sharing chemical information
with first responders to chemical spills at well sites.
Ohio Department of Natural Resources spokesman Carlo
LoParo said the legislation makes proprietary chemical information from
drillers available to doctors for the first time. He said medical
professionals responding today to a plant explosion or chemical spill
would not receive as much information as will be made available from
drillers.
Well operators are generally required under the bill to
report the chemicals they are using in the hydraulic fracturing, or
fracking, the high pressure drilling technique used to blast chemical
laced water into shale formations to release oil and gas resources.
Chemical reports on file with the state
list each chemical's trade name, supplier, purpose, ingredients,
identifying code, and percentage within the fracking fluid. In certain
instances, the word "proprietary" is used in place of ingredients or an
identifying code. The purpose and percentage are still listed.
Similar limits on medical professionals have become law
in Pennsylvania and other drilling states. The rules are distinct from
new chemical disclosure guidelines in the Ohio bill.
The Ohio legislative committee continued to debate the
provision, part of a wide-ranging energy bill, on Tuesday. A committee
vote was expected to come Wednesday.
Maglione said he was hopeful the committee would make the association's proposed changes to the bill before it clears committee.
"Doctors are permitted to get that information, which
is a good thing," he said. "But the second provision says you can't do
anything else with it. So what we're asking is for clarification."
Besides drilling regulations, the bill lays out other
rules for Ohio's growing oil and gas industry and adjusts to Ohio's
alternative energy stand.
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