Download COGCC confidentiality agreement - Form 35

Tuesday, June 18, 2013 07:21 AM

Physicians must complete the form to legally request and share the names of certain chemicals related to hydraulic fracturing

Earlier this year, CMS received confirmation from the Colorado Oil and Gas Conservation Commission that a physician has the right to access specific proprietary or confidential information - above what is available in the public domain - if it is necessary to care for a patient, and that physicians are able to share the information with the patient and other physicians or providers involved in the patient’s care without violating trade secret or confidentiality laws.

Thomas Compton, COGCC chairman, issued the letter in April clarifying the commission’s hydraulic fracture chemical disclosure rule, Rule 205A, and the Form 35 confidentiality agreement. Hydraulic fracturing is commonly called “fracking.” COGCC assures CMS that “physicians are able to share information claimed to be a trade secret under Form 35 with patients, other health care professionals or health systems, and with public health agencies.”

Further, “Commission Rule 205A requires oil and gas operators, vendors, and service providers to disclose the specific identity and amount of hydraulic fracturing chemicals claimed to be a trade secret to any health professional who requests the information, has a reasonable basis to believe that knowledge of the information will assist in diagnosis or treatment of a patient, and executes a Form 35 confidentiality agreement.” The form obligates the physician to only use the information for medical diagnosis and other health needs.

Click here to read the full letter.
Click here to download Form 35.