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PRINTER'S NO. 3701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2205
Session of
2015
INTRODUCED BY METCALFE, KNOWLES, M. K. KELLER, CAUSER, MILLARD,
GODSHALL, BLOOM, McGINNIS, DIAMOND, KAUFFMAN, D. COSTA,
TALLMAN, READSHAW, GROVE, A. HARRIS, FEE, JOZWIAK, ZIMMERMAN,
BARRAR AND GABLER, JULY 1, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 1, 2016
AN ACT
Providing for the Pennsylvania Firearm Owners Privacy Act, for
firearm information privacy and for rights of patients.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Firearm Owners Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Emergency medical services provider." As defined in 35
Pa.C.S. ยง 8103 (relating to definitions).
"Health care facility." As defined in section 402 of the act
of March 20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act.
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"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"License." A health care practitioner license issued by the
Department of State or a health care facility license issued by
the Department of Health.
Section 3. Firearm information privacy.
(a) General rule.--A health care practitioner or a health
care facility may not intentionally enter any information
concerning firearm ownership disclosed by a patient into the
patient's medical record if the practitioner knows that the
information is not relevant to the patient's medical care or
safety or the safety of others.
(b) Prohibited inquiry.--A health care practitioner or a
health care facility shall not inquire, whether verbally or in
writing, about the following:
(1) the ownership of a firearm or ammunition by the
patient or a family member of the patient; or
(2) the presence of a firearm in a private home or other
domicile of the patient or a family member of the patient.
(c) Exception.--Notwithstanding subsection (b), a health
care practitioner or health care facility may make a verbal or
written inquiry into the ownership or presence of firearms and
ammunition if the practitioner or facility, in good faith,
believes that the information is relevant to the patient's
medical care or safety, or the safety of others.
(d) Permitted inquiry.--An emergency medical services
provider may make an inquiry concerning the possession or
presence of a firearm if the provider, in good faith, believes
that information regarding the possession of a firearm by the
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patient or the presence of a firearm in the home of domicile of
a patient or a patient's family member is necessary to treat a
patient during the course and scope of a medical emergency and
that the presence or possession of a firearm would pose an
imminent danger or threat to the patient or others.
(e) Right to decline to answer.--A patient may decline to
answer or provide any information regarding the ownership of a
firearm by the patient or a family member of the patient, or the
presence of a firearm in the domicile of the patient or a family
member of the patient, the declination of which shall not alter
existing law regarding a health care practitioner's
authorization to select which patients to treat.
(f) Prohibition against discrimination.--A health care
practitioner or a health care facility may not discriminate
against a patient based solely upon the patient's exercise of
the constitutional right to own and possess firearms or
ammunition.
(g) Prohibition against harassment.--A health care
practitioner or a health care facility shall respect a patient's
legal right to own or possess a firearm and shall refrain from
unnecessarily harassing a patient about firearm or ammunition
ownership.
(h) Health insurer.--An insurer issuing any type of
insurance policy shall not deny coverage, increase a premium or
otherwise discriminate against an insured or applicant for
insurance on the individual's lawful ownership or possession of
a firearm or ammunition or the lawful use or storage of a
firearm or ammunition. Nothing in this subsection shall prevent
an insurer from considering the fair market value of firearms or
ammunition in setting premiums for scheduled personal property
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coverage.
(i) Penalty.--The appropriate board or the department may
refuse, revoke or suspend the license of a health care
practitioner or health care facility for a violation of
subsections (a), (b), (c), (d), (e) and (f).
Section 4. Rights of patients.
(a) Summary of rights.--The department shall publish on its
publicly accessible Internet website a summary of the rights of
patients under section 3, in any format the health care provider
or health care facility chooses.
(b) Complaints.--A health care provider and health care
facility, if requested, shall inform patients of the address and
telephone number of each State agency responsible for responding
to patient complaints about a health care provider or health
care facility's alleged noncompliance with this act.
(c) Procedure for providing information on patient rights.--
A health care facility shall adopt policies and procedures to
ensure that patients are provided the opportunity during the
course of admission to receive information regarding their
rights contained in section 3 and how to file complaints with
the facility and appropriate State agencies.
(d) Penalties.--The following shall apply:
(1) An administrative fine may be imposed by the
department when a health care facility fails to make
available to patients a summary of their rights contained
under section 3 of this act.
(2) The first, unintentional violation by a health care
facility shall be subject to corrective action and shall not
be subject to an administrative fine.
(e) Fines.--The following shall apply:
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(1) The department may levy the following fines against
a health care facility:
(i) not more than $5,000 for an unintentional
violation; and
(ii) not more than $25,000 for an intentional
violation, with each intentional violation constituting a
separate violation subject to a separate fine.
(2) The appropriate regulatory board or, if no board
exists, the department may impose an administrative fine
against a health care practitioner for failing to make
available to patients a summary of their rights under section
3. A health care provider's first unintentional violation
shall be subject to corrective action and shall not be
subject to an administrative fine. The appropriate licensing
board or the department may levy the following fines:
(i) not more than $100 for an unintentional
violation; and
(ii) not more than $500 for an intentional
violation, with each intentional violation constituting a
separate violation subject to a separate fine.
(f) Determination of fine.--In determining the amount of
fine to be levied under subsection (e), the following factors
shall be considered:
(1) The scope and severity of the violation, including
the number of patients found not to have received notice of
patient rights, and whether the failure to provide notice to
patients was willful.
(2) Actions taken by the health care provider or health
care facility to correct violations or to remedy complaints.
(3) Any previous violations of this act by the health
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care provider or health care facility.
Section 5. Effective date.
This act shall take effect immediately.
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