ENGROSSED SENATE
BILL NO. 858	By:	Russell and Reynolds of the Senate

			and

		Ritze of the House

An Act relating to firearm information; stating legislative findings; defining terms; providing guidelines for certain inquiries regarding firearms; providing exclusions; providing penalties; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Legislature finds that:
1.  Individuals have a right under the constitutions of this state and the United States to keep and bear arms, which arms include firearms and their ammunition;
2.  An individual’s decision to exercise this right is a private matter;
3.  The law of this state generally prohibits the keeping of registries or lists of privately owned firearms;
4.  Lawfully possessed, stored, and used firearms and ammunition are not a risk to public health;
5.  Health care practitioners do not have any special expertise in the safe storage or use of firearms or ammunition merely by virtue of their status as health care practitioners, and to the degree health care practitioners have general advice to impart concerning firearms and ammunition, they may do so without knowing whether any particular patient actually possesses or uses these items;
6.  Health care practitioners do not have a need to know whether a patient lawfully possess or uses firearms or ammunition unless the patient specifically exhibits symptoms of illness or injury that the health care practitioner could reasonably attribute to the possession or use of firearms or ammunition or unless the patient has expressed a desire to harm the patient’s self or others;
7.  Patients should not be compelled to participate in a health care practitioner’s gathering of statistical or demographic information about the use, storage, and possession of firearms and ammunition for research or other purposes not directly related to the patient’s own treatment;
8.  A patient’s decisions about the lawful possession or use of firearms or ammunition or about whether to disclose such decisions is not a proper basis for a health care practitioner to determine who the practitioner will or will not treat;
9.  Patients have been denied care based on the refusal to answer unwarranted inquiries about constitutionally protected conduct related to firearms and ammunition, and such denials result in an increase in health care costs and delays in access to needed care; and
10.  The Legislature intends with this act to ensure that patients may obtain health care free from discrimination based on, or unwarranted inquiry into, constitutionally protected conduct involving firearms or ammunition and to ensure that health care practitioners may still obtain information about a patient’s firearm- or ammunition-related activity that is directly relevant to that patient’s own treatment.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-124 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this section:
1.  “Health care practitioner” has the same meaning as those practitioners regulated pursuant to Title 59 of the Oklahoma Statutes; and
2.  “Patient” means a person under the care of or who seeks professional services from a health care practitioner.
B.  Except as provided in subsection D of this section, a health care practitioner may not refuse to treat or to accept a referral for treatment of a patient based on:
1.  The lawful ownership, possession, handling, storage, maintenance, or other legal conduct involving firearms or ammunition by the patient or a member of the patient’s household; or
2.  The patient's, and if the patient is a minor, the patient’s parents’ or guardians’, refusal to disclose such information.
C.  Except as provided in subsection D of this section, a health care practitioner who questions a patient, and if the patient is a minor, who questions the patient’s parent or guardian about the ownership, possession, handling, storage, maintenance, or other conduct involving firearms or ammunition by the patient or a member of the patient’s household shall first do the following:
1.  Inform the patient, parent, or guardian that he or she will be asked about firearms and ammunition;
2.  Inform the patient, parent, or guardian about the purpose of the question;
3.  Inform the patient, parent, or guardian that he or she is not required to answer the question; and
4.  Inform the patient, parent, or guardian that failure to answer the question will not result in refusal or termination of the patient’s treatment with the health care practitioner.
D.  The requirements of subsections B and C of this section shall not apply if:
1.  The health care practitioner reasonably believes the patient is in immediate possession or control of a firearm or ammunition and poses an imminent threat to the patient’s self or another with such firearm or ammunition;
2.  The patient has brought a firearm or ammunition into an area where such firearm or ammunition is prohibited;
3.  The patient, and if the patient is a minor, the patient’s parent or guardian, volunteers information about a firearm or ammunition without being asked about it; or
4.  The health care practitioner reasonably and in good faith believes that disclosure of the requested information is necessary to diagnose or treat a specific illness or injury, but this exception shall not apply to a generalized belief that firearms are harmful to health or safety.
E.  1.  The agency for Health Care Administration of this state may impose an administrative fine upon a health care practitioner who violates any provision of subsection C or D of this section.  The fine shall not exceed Two Hundred Fifty Dollars ($250.00) for nonwillful violations nor Five Hundred Dollars ($500.00) for intentional and willful violations.  Each intentional and willful violation constitutes a separate violation and is subject to a separate fine.
2.  An administrative fine may be imposed by the appropriate regulatory board, or the State Department of Health if no such board exists, when a health care practitioner violates any provision of subsection C or D of this section.  The fine shall not exceed Two Hundred Fifty Dollars ($250.00) for nonwillful violations nor Five Hundred Dollars ($500.00) for willful violations.  Each intentional and willful violation constitutes a separate violation and is subject to a separate fine.
3.  A violation of any provision of subsection C or D of this section shall also subject the health care practitioner to appropriate discipline under their licensing authority.
SECTION 3.  This act shall become effective November 1, 2011.
Passed the Senate the 9th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives