Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 432
       
       
       
       
       
       
                                Barcode 396734                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/18/2011           .                                
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       The Committee on Judiciary (Bogdanoff) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.338, Florida Statutes, is created to
    6  read:
    7         790.338Medical privacy concerning firearms; prohibitions;
    8  penalties, exceptions.—
    9         (1)A health care practitioner licensed under chapter 456
   10  or a health care facility licensed under chapter 395 may not
   11  intentionally enter any disclosed information concerning firearm
   12  ownership into the patient’s medical record if the practitioner
   13  knows that such information is not relevant to the patient’s
   14  medical care or safety, or the safety of others.
   15         (2)A health care practitioner licensed under chapter 456
   16  or a health care facility licensed under chapter 395 shall
   17  respect a patient’s right to privacy and should refrain from
   18  making a written inquiry or asking questions concerning the
   19  ownership of a firearm or ammunition by the patient or by a
   20  family member of the patient, or the presence of a firearm in a
   21  private home or other domicile of the patient or a family member
   22  of the patient. Notwithstanding this provision, a health care
   23  practitioner or health care facility that in good faith believes
   24  that this information is relevant to the patient’s medical care
   25  or safety, or the safety of others, may make such a verbal or
   26  written inquiry.
   27         (3)Any emergency medical technician or paramedic acting
   28  under the supervision of an emergency medical services director
   29  under chapter 401 may make an inquiry concerning the possession
   30  or presence of a firearm if he or she, in good faith, believes
   31  that information regarding the possession of a firearm by the
   32  patient or the presence of a firearm in the home or domicile of
   33  a patient or a patient’s family member is necessary to treat a
   34  patient during the course and scope of a medical emergency or
   35  that the presence or possession of a firearm would pose an
   36  imminent danger or threat to the patient or others.
   37         (4)A patient may decline to answer or provide any
   38  information regarding ownership of a firearm by the patient or a
   39  family member of the patient, or the presence of a firearm in
   40  the domicile of the patient or a family member of the patient. A
   41  patient’s decision not to answer a question relating to the
   42  presence or ownership of a firearm does not alter existing law
   43  regarding a physician’s authorization to choose his or her
   44  patients.
   45         (5)A health care practitioner licensed under chapter 456
   46  or a health care facility licensed under chapter 395 may not
   47  discriminate against a patient based solely upon the patient’s
   48  exercise of the constitutional right to own and possess firearms
   49  or ammunition.
   50         (6)A health care practitioner licensed under chapter 456
   51  or a health care facility licensed under chapter 395 shall
   52  respect a patient’s legal right to own or possess a firearm and
   53  should refrain from unnecessarily harassing a patient about
   54  firearm ownership during an examination.
   55         (7) An insurer issuing any type of insurance policy
   56  pursuant to chapter 627, Florida Statutes, may not deny coverage
   57  or increase any premium, or otherwise discriminate against any
   58  insured or applicant for insurance, on the basis of or upon
   59  reliance upon the lawful ownership or possession of a firearm or
   60  ammunition or the lawful use or storage of a firearm or
   61  ammunition. Nothing herein shall prevent an insurer from
   62  considering the fair market value of firearms or ammunition in
   63  the setting of premiums for scheduled personal property
   64  coverage.
   65         (8)Violations of the provisions of subsections (1)-(4)
   66  constitute grounds for disciplinary action under ss. 456.072(2)
   67  and 395.1055.
   68         Section 2. Paragraph (b) of subsection (4) of section
   69  381.026, Florida Statutes, is amended to read:
   70         381.026 Florida Patient’s Bill of Rights and
   71  Responsibilities.—
   72         (4) RIGHTS OF PATIENTS.—Each health care facility or
   73  provider shall observe the following standards:
   74         (b) Information.—
   75         1. A patient has the right to know the name, function, and
   76  qualifications of each health care provider who is providing
   77  medical services to the patient. A patient may request such
   78  information from his or her responsible provider or the health
   79  care facility in which he or she is receiving medical services.
   80         2. A patient in a health care facility has the right to
   81  know what patient support services are available in the
   82  facility.
   83         3. A patient has the right to be given by his or her health
   84  care provider information concerning diagnosis, planned course
   85  of treatment, alternatives, risks, and prognosis, unless it is
   86  medically inadvisable or impossible to give this information to
   87  the patient, in which case the information must be given to the
   88  patient’s guardian or a person designated as the patient’s
   89  representative. A patient has the right to refuse this
   90  information.
   91         4. A patient has the right to refuse any treatment based on
   92  information required by this paragraph, except as otherwise
   93  provided by law. The responsible provider shall document any
   94  such refusal.
   95         5. A patient in a health care facility has the right to
   96  know what facility rules and regulations apply to patient
   97  conduct.
   98         6. A patient has the right to express grievances to a
   99  health care provider, a health care facility, or the appropriate
  100  state licensing agency regarding alleged violations of patients’
  101  rights. A patient has the right to know the health care
  102  provider’s or health care facility’s procedures for expressing a
  103  grievance.
  104         7. A patient in a health care facility who does not speak
  105  English has the right to be provided an interpreter when
  106  receiving medical services if the facility has a person readily
  107  available who can interpret on behalf of the patient.
  108         8.A health care provider or health care facility shall
  109  respect a patient’s right to privacy and should refrain from
  110  making a written inquiry or asking questions concerning the
  111  ownership of a firearm or ammunition by the patient or by a
  112  family member of the patient, or the presence of a firearm in a
  113  private home or other domicile of the patient or a family member
  114  of the patient. Notwithstanding this provision, a health care
  115  provider or health care facility that in good faith believes
  116  that this information is relevant to the patient’s medical care
  117  or safety, or safety or others, may make such a verbal or
  118  written inquiry.
  119         9.A patient may decline to answer or provide any
  120  information regarding ownership of a firearm by the patient or a
  121  family member of the patient, or the presence of a firearm in
  122  the domicile of the patient or a family member of the patient. A
  123  patient’s decision not to answer a question relating to the
  124  presence or ownership of a firearm does not alter existing law
  125  regarding a physician’s authorization to choose his or her
  126  patients.
  127         10.A health care provider or health care facility may not
  128  discriminate against a patient based solely upon the patient’s
  129  exercise of the constitutional right to own and possess firearms
  130  or ammunition.
  131         11.A health care provider or health care facility shall
  132  respect a patient’s legal right to own or possess a firearm and
  133  should refrain from unnecessarily harassing a patient about
  134  firearm ownership during an examination.
  135         Section 3. Subsection (mm) is added to subsection (1) of
  136  section 456.072, Florida Statutes, to read:
  137         456.072 Grounds for discipline; penalties; enforcement.—
  138         (1) The following acts shall constitute grounds for which
  139  the disciplinary actions specified in subsection (2) may be
  140  taken:
  141         (mm)Violating any of the provisions of s. 790.338.
  142         Section 4. This act shall take effect upon becoming a law.
  143  
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146         And the title is amended as follows:
  147         Delete everything before the enacting clause
  148  and insert:
  149                        A bill to be entitled                      
  150         An act relating to the privacy of firearm owners;
  151         creating s. 790.338, F.S.; providing that a licensed
  152         medical care practitioner or health care facility may
  153         not record information regarding firearm ownership in
  154         a patient’s medical record; providing an exception for
  155         relevance of the information to the patient’s medical
  156         care or safety or the safety of others; providing that
  157         unless the information is relevant to the patient’s
  158         medical care or safety or the safety of others,
  159         inquiries regarding firearm ownership or possession
  160         should not be made by licensed health care
  161         practitioners or health care facilities; providing an
  162         exception for emergency medical technicians and
  163         paramedics; providing that a patient may decline to
  164         provide information regarding the ownership or
  165         possession of firearms; clarifying that a physician’s
  166         authorization to choose his or her patients is not
  167         altered by the act; prohibiting discrimination by
  168         licensed health care practitioners or facilities based
  169         solely upon a patient’s firearm ownership or
  170         possession; prohibiting harassment of a patient
  171         regarding firearm ownership by a licensed health care
  172         practitioner or facility during an examination;
  173         prohibiting denial of insurance coverage, increased
  174         premiums, or any other form of discrimination by
  175         insurance companies issuing policies on the basis of
  176         an insured’s or applicant’s ownership, possession, or
  177         storage of firearms or ammunition; clarifying that an
  178         insurer is not prohibited from considering the fair
  179         market value of firearms or ammunition in setting
  180         personal property coverage premiums; providing for
  181         disciplinary action; amending s. 381.026, F.S.;
  182         providing that unless the information is relevant to
  183         the patient’s medical care or safety, or the safety of
  184         others, inquiries regarding firearm ownership or
  185         possession should not be made by licensed health care
  186         providers or health care facilities; providing that a
  187         patient may decline to provide information regarding
  188         the ownership or possession of firearms; clarifying
  189         that a physician’s authorization to choose his or her
  190         patients is not altered by the act; prohibiting
  191         discrimination by licensed health care providers or
  192         facilities based solely upon a patient’s firearm
  193         ownership or possession; prohibiting harassment of a
  194         patient regarding firearm ownership during an
  195         examination by a licensed health care provider or
  196         facility; amending s. 456.072, F.S.; including the
  197         violation of the provisions of s. 790.338, F.S., as
  198         grounds for disciplinary action; providing an
  199         effective date.