SB 858 Summary

• Establishes legislative findings that individuals have constitutional rights to own and possess firearms, and such decisions are private matters not subject to discriminatory healthcare treatment.

• Prohibits health care practitioners from refusing to treat patients based on lawful firearm or ammunition ownership, possession, or storage by the patient or household members, or patient refusal to disclose such information.

• Requires health care practitioners who inquire about firearms to first inform patients that: the question will be asked, the purpose for asking, that answering is voluntary, and refusal will not result in denial of treatment.

• Provides exceptions allowing firearm inquiries when the patient poses an imminent threat with a firearm, brings a firearm into a prohibited area, voluntarily discloses firearm information, or when information is reasonably necessary to diagnose or treat a specific illness or injury.

• Establishes administrative penalties of up to $250 for non-willful violations and up to $500 for willful violations, enforceable by the Agency for Health Care Administration or relevant licensing boards; effective November 1, 2011.