Texas Senate Bill SB104

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to prohibiting certain physician questions regarding firearms.

Impact

If enacted, SB104 would significantly alter the patient-physician relationship by restricting health professionals from inquiring about an essential aspect of a person's lifestyle that could have implications for their health and safety. The legislation aims to safeguard patients' rights to confidentiality concerning their firearm ownership, suggesting that such inquiries are not relevant to medical treatment and should not influence healthcare delivery.

Summary

SB104 is a legislative measure introduced in Texas aimed at prohibiting certain inquiries by physicians regarding gun ownership. Specifically, the bill seeks to amend the Occupations Code by adding a new section that disallows physicians, with the exception of psychiatrists, from asking patients about the presence of firearms on their property. It is intended to protect the privacy of individuals regarding their gun ownership status and to eliminate potential biases that could arise during medical consultations.

Contention

The bill has sparked considerable debate among legislators and stakeholders. Proponents argue that it is a necessary measure to protect personal liberties and ensure that health care providers do not impose their beliefs regarding firearms onto patients. They contend that this legislation will enhance trust in the patient-physician relationship, thereby enabling more open communication about health issues unrelated to gun ownership.

Opposition

Conversely, opponents of SB104 express concern that restricting physicians from asking about firearms could pose safety risks, especially in cases where mental health issues are present. Critics argue that the ability to discuss gun ownership may be critical in evaluating a patient's overall health and wellness, particularly in circumstances involving children or mental health challenges. The bill's passage may thus lead to a division in priorities between firearm rights and public health considerations.