HOUSE BILL NO. 1266 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BUSH.
2667H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 571.012, RSMo, and to enact in lieu thereof two new sections relating to inquiries into the safety of patients in their homes.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 571.012, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 191.947 and 571.012, to read as follows: 191.947. 1. As used in this section, the term "health care professional" shall 2 have the same meaning given to the term in section 376.1350. 3 2. Notwithstanding any other provision of law to the contrary, a health care 4 professional shall not be subject to criminal or civil liability for any of the following 5 during a medical examination or assessment of a patient: 6 (1) Inquiring into the presence or absence of a harmful or potentially harmful 7 device or substance in the patient's private home or residence; 8 (2) Inquiring into whether the patient is subject to any other harmful or 9 potentially harmful situation in his or her private home or residence; 10 (3) Counseling or educating the patient or the patient's guardian about best 11 practices in storage and maintenance of any hazardous device or substance in the 12 patient's private home or residence; or 13 (4) Documenting or maintaining in the patient's medical records any 14 information obtained from an inquiry described in subdivision (1) or (2) of this 15 subsection and any counseling or education provided to the patient or the patient's 16 guardian as described under subdivision (3) of this subsection.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1266 2
571.012. 1. No health care professional licensed in this state, nor anyone under his or 2 her supervision, shall be required by law to: 3 (1) Inquire as to whether a patient owns or has access to a firearm; 4 (2) Document or maintain in a patient's medical records whether such patient owns or 5 has access to a firearm; or 6 (3) Notify any governmental entity of the identity of a patient based solely on the 7 patient's status as an owner of, or the patient's access to, a firearm. 8 2. No health care professional licensed in this state, nor anyone under his or her 9 supervision, nor any person or entity that has possession or control of medical records, may 10 disclose information gathered in a doctor/patient relationship about the status of a patient as 11 an owner of a firearm, unless by order of a court of appropriate jurisdiction, in response to a 12 threat to the health or safety of that patient or another person, as part of a referral to a mental 13 health professional, or with the patient's express consent on a separate document dealing 14 solely with firearm ownership. The separate document shall not be filled out as a matter of 15 routine, but only when, in the judgment of the health care professional, it is medically 16 indicated or necessitated. 17 3. Nothing in this section shall be construed as prohibiting or otherwise restricting a 18 health care professional from inquiring about and documenting whether a patient owns or has 19 access to a firearm [if such inquiry or documentation is necessitated or medically indicated by 20 the health care professional's judgment and such inquiry or documentation does not violate 21 any other state or federal law] or engaging in any other activity described in section 22 191.947. 23 4. No health care professional licensed in this state shall use an electronic medical 24 record program that requires, in order to complete and save a medical record, entry of data 25 regarding whether a patient owns, has access to, or lives in a home containing a firearm. ✔
Statutes affected: