It’s no surprise that Dr. Eli Avila, PA’s Health Secretary, would obediently mislead the public about the physician gag order in Act 13. (see http://www.wthr.com/story/17586327/pa-health-official-clarifies-new-gas-drilling-law#.T5VpBcIqeDI.facebook) Corbett’s entire administration has made an art form of misleading the public.
Here’s the actual language from the law:
(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 of the following:(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.
Dr. Avila is in no position to interpret the law. He is not a lawyer. He did not write this law. Most important, he will not be the one to enforce the law when a physician shares information with another healthcare provider or with a community at risk.