Texas Bill Would Prohibit Doctors From Asking About Guns
While legislation expanding how and where Texans can carry weapons has dominated the Legislature recently, one state lawmaker is targeting the doctor’s office as a place to keep the federal government from learning who owns guns.
Over the objections of the medical community, state Rep. , R-Kaufman, has filed a bill that would prohibit doctors from asking patients whether they own a firearm and makes theĀ Texas Medical Board, which licenses physicians,Ā responsible for doling out punishment.
āPediatricians are asking children away from their parents, āDo you have guns in your house?ā and then reporting this on the electronic health records, and then the federal government, frankly, has access to who has guns and who doesnāt,ā Spitzer said in a recent interview. He said he experienced the phenomenon firsthand when he took his daughter to the doctor, who asked her whether there were any guns in the house.
Spitzer, a surgeon, said he wanted to make sure that doctors āhave the right not to ask that.ā
But doctorsā groups sayĀ Ā wouldĀ squelch important discussions that are part of the physician-patient relationship.
āWe, as physicians, ask all sorts of questions ā about bike helmets and seat belts and swimming pool hazards, dangerous chemicals in the home, sexual behaviors, domestic violence. I could go on and on,ā said Gary Floyd, a Fort Worth pediatrician andĀ Ā of the Texas Medical Association.
āAll of thatās geared mainly to how we should direct our advice,ā he said. āAs a pediatric [emergency room] doc, one of the worst things you have to do is sit down with the family and explain that the child has died, or may never be the same, because of an unintended gunshot wound.ā

Spitzer said his bill would still allow psychiatrists, who are more likely to encounter suicidal patients, to ask about gun ownership. But for most physicians, he said, asking about gun ownership is ānot appropriate.ā He suggested they could instead ask more āopen-endedā questions about a personās means to harm himself.
Florida passed a similar law in 2011. Challengers, including the American Academy of Family Physicians, challenged the law in court arguing that it infringed on doctorsā free-speech rights. The 11thĀ U.S. Circuit Court of Appeals in Atlanta last year upheld the law as constitutional.
āThe Act simply informs physicians that inquiring about a private matter irrelevant to medical care isnāt part of the practice of good medicine and that, as always, a physician may face discipline for not practicing good medicine,ā Judge Gerald Tjoflat wrote in theĀ .
Spitzerās billĀ was referred Monday to the House Public Health Committee.