HB310 By Representative Weaver RFD Health Rd 1 24-FEB-16

SYNOPSIS: Under existing law, except under limited circumstances, health care providers in this state may not initiate reports to law enforcement of gunshot wounds and stabbings suffered by a patient without appropriate written authorization from the patient.

This bill would mandate reporting by health care providers under state law. Reporting under this act would supersede any privilege under state law, including the doctor/patient privilege.

A BILL TO BE ENTITLED AN ACT

To require health care facilities in this state to make reports to law enforcement of gunshot wounds and stabbings suffered by a patient without the necessity of obtaining written authorization from the patient.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For the purposes of this act, the following words have the following meanings:

(1) HEALTH CARE FACILITY. As defined in Section 22-21-20(1), Code of Alabama 1975, or any other licensed health care facility.

(2) REPORT. The following information if known: the type of wound, the reported or suspected circumstances of obtaining the wound, the name and other personal information of the patient and any other information regarding the immediate circumstances of the wound.

(3) REPORTABLE CONDITION. A reportable condition includes any of the following:

a. Every actual or apparent case of a bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun or firearm.

b. Every case of a wound actually or apparently inflicted by a knife, ice pick, or other sharp or pointed instrument that caused serious physical injury or death.

Section 2. A health care facility shall report to the local police department or the local county sheriff's office every reportable condition suffered by a patient who is seeking care at the facility.

Section 3. This act does not apply to a wound that is received by a member of the Armed Forces of the United States or a local or state law enforcement officer while the person is engaged in the actual performance of his or her duty.

Section 4. (a) The required reports by this act may be made orally or otherwise. If the report is made orally, a description of the content of the report shall be made in the facility records.

(b) The reports required by this act shall be made as soon as possible, but no later than 72 hours after the individual presents himself or herself to the health care facility.

Section 5. Any person or health care facility acting in accordance with this act or attempting in good faith to do so or any person participating or testifying in any civil, criminal, or administrative action or proceeding resulting from or relating to any report issued pursuant to this act is immune from any civil or criminal liability for the actions.

Section 6. Any action brought under this act shall only be brought by the Attorney General or the district attorney of the county in which the health care facility is located. This act shall not create a private right of action.

Section 7. To the extent necessary, this act shall supersede any existing privilege that would otherwise constitute grounds not to report or otherwise exclude from evidence any information or the existence of any information regarding a person who presents himself or herself to a health care facility. For purposes of this act, the confidential or privileged nature of communication between physician or any other professional person and his or her patient or client does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this act.

Section 8. Disclosures made pursuant to this act shall not waive or affect Section 12-21-3.1, Code of Alabama 1975.

Section 9. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Health

Health Care Facilities

Crimes and Offenses

Criminal Law and Procedure

Law Enforcement

Health Department

Weapons

Firearms

Attorney General

District Attorneys