AN ACT

 

1Providing for a health registry for the collection of health-
2related data associated with unconventional gas well
3drilling; and imposing duties on the Department of Health.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Marcellus
8Shale Health Registry Act.

9Section 2. Purpose.

10The purpose of this act is to assess and evaluate the
11potential adverse health consequences associated with the
12drilling of unconventional gas wells in this Commonwealth.

13Section 3. Definitions.

14"Department." The Department of Health of the Commonwealth.

15"Health care practitioner." As defined in section 103 of the
16act of July 19, 1979 (P.L.130, No.48), known as the Health Care
17Facilities Act.

18"Unconventional formation." A geological shale formation

1existing below the base of the Elk Sandstone or its geologic
2equivalent stratigraphic interval where natural gas generally
3cannot be produced at economic flow rates or in economic volumes
4except by vertical or horizontal well bores stimulated by
5hydraulic fracture treatments or by using multilateral well
6bores or other techniques to expose more of the formation to the
7well bore.

8"Unconventional gas well." A bore hole drilled or being
9drilled for the purpose of or to be used for the production of
10natural gas from an unconventional formation.

11Section 4. Establishment of health registry.

12The department shall establish, by July 1, 2015, a
13population-based health registry for the collection of health-
14related data associated with unconventional gas well drilling.
15The registry shall consist of health-related data collected and
16provided by health care practitioners.

17Section 5. Reporting by health care practitioner.

18All cases of health concerns, which have been diagnosed or
19treated by a health care practitioner, that may be associated
20with unconventional gas well operations must be reported to the
21department on forms furnished by the department or through the
22use of a health information exchange.

23Section 6. Confidentiality.

24Information regarding patient identity received by the
25department shall be kept confidential and shall not be subject
26to the act of February 14, 2008 (P.L.6, No.3), known as the
27Right-to-Know Law. The department shall at all times respect the
28privacy of patients and patient records, which shall be subject
29to the Health Insurance Portability and Accountability Act of
301996 (Public Law 104-191, 110 Stat. 1936).

1Section 7. Regulations.

2The department shall promulgate regulations necessary to
3carry out this act within six months of the effective date of
4this section.

5Section 8. This act shall take effect immediately.