Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 432
       
       
       
       
       
       
                                Barcode 608126                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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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         790.338 Medical 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) Violations of the provisions of subsections (1)-(4)
   56  constitute grounds for disciplinary action under ss. 456.072(2)
   57  and 395.1055.
   58         Section 2. Paragraph (b) of subsection (4) of section
   59  381.026, Florida Statutes, is amended to read:
   60         381.026 Florida Patient’s Bill of Rights and
   61  Responsibilities.—
   62         (4) RIGHTS OF PATIENTS.—Each health care facility or
   63  provider shall observe the following standards:
   64         (b) Information.—
   65         1. A patient has the right to know the name, function, and
   66  qualifications of each health care provider who is providing
   67  medical services to the patient. A patient may request such
   68  information from his or her responsible provider or the health
   69  care facility in which he or she is receiving medical services.
   70         2. A patient in a health care facility has the right to
   71  know what patient support services are available in the
   72  facility.
   73         3. A patient has the right to be given by his or her health
   74  care provider information concerning diagnosis, planned course
   75  of treatment, alternatives, risks, and prognosis, unless it is
   76  medically inadvisable or impossible to give this information to
   77  the patient, in which case the information must be given to the
   78  patient’s guardian or a person designated as the patient’s
   79  representative. A patient has the right to refuse this
   80  information.
   81         4. A patient has the right to refuse any treatment based on
   82  information required by this paragraph, except as otherwise
   83  provided by law. The responsible provider shall document any
   84  such refusal.
   85         5. A patient in a health care facility has the right to
   86  know what facility rules and regulations apply to patient
   87  conduct.
   88         6. A patient has the right to express grievances to a
   89  health care provider, a health care facility, or the appropriate
   90  state licensing agency regarding alleged violations of patients’
   91  rights. A patient has the right to know the health care
   92  provider’s or health care facility’s procedures for expressing a
   93  grievance.
   94         7. A patient in a health care facility who does not speak
   95  English has the right to be provided an interpreter when
   96  receiving medical services if the facility has a person readily
   97  available who can interpret on behalf of the patient.
   98         8. A health care provider or health care facility shall
   99  respect a patient’s right to privacy and should refrain from
  100  making a written inquiry or asking questions concerning the
  101  ownership of a firearm or ammunition by the patient or by a
  102  family member of the patient, or the presence of a firearm in a
  103  private home or other domicile of the patient or a family member
  104  of the patient. Notwithstanding this provision, a health care
  105  provider or health care facility that in good faith believes
  106  that this information is relevant to the patient’s medical care
  107  or safety, or safety or others, may make such a verbal or
  108  written inquiry.
  109         9. A patient may decline to answer or provide any
  110  information regarding ownership of a firearm by the patient or a
  111  family member of the patient, or the presence of a firearm in
  112  the domicile of the patient or a family member of the patient. A
  113  patient’s decision not to answer a question relating to the
  114  presence or ownership of a firearm does not alter existing law
  115  regarding a physician’s authorization to choose his or her
  116  patients.
  117         10. A health care provider or health care facility may not
  118  discriminate against a patient based solely upon the patient’s
  119  exercise of the constitutional right to own and possess firearms
  120  or ammunition.
  121         11. A health care provider or health care facility shall
  122  respect a patient’s legal right to own or possess a firearm and
  123  should refrain from unnecessarily harassing a patient about
  124  firearm ownership during an examination.
  125         Section 3. Subsection (mm) is added to subsection (1) of
  126  section 456.072, Florida Statutes, to read:
  127         456.072 Grounds for discipline; penalties; enforcement.—
  128         (1) The following acts shall constitute grounds for which
  129  the disciplinary actions specified in subsection (2) may be
  130  taken:
  131         (mm) Violating any of the provisions of s. 790.338.
  132         Section 4. An insurer issuing any type of insurance policy
  133  pursuant to chapter 627, Florida Statutes, may not deny coverage
  134  or increase any premium, or otherwise discriminate against any
  135  insured or applicant for insurance, on the basis of or upon
  136  reliance upon the lawful ownership or possession of a firearm or
  137  ammunition or the lawful use or storage of a firearm or
  138  ammunition. Nothing herein shall prevent an insurer from
  139  considering the fair market value of firearms or ammunition in
  140  the setting of premiums for scheduled personal property
  141  coverage.
  142         Section 5. This act shall take effect upon becoming a law.
  143  
  144  ================= T I T L E  A M E N D M E N T ================
  145         And the title is amended as follows:
  146         Delete everything before the enacting clause
  147  and insert:
  148                        A bill to be entitled                      
  149         An act relating to the privacy of firearm owners;
  150         creating s. 790.338, F.S.; providing that a licensed
  151         medical care practitioner or health care facility may
  152         not record information regarding firearm ownership in
  153         a patient’s medical record; providing an exception for
  154         relevance of the information to the patient’s medical
  155         care or safety or the safety of others; providing that
  156         unless the information is relevant to the patient’s
  157         medical care or safety or the safety of others,
  158         inquiries regarding firearm ownership or possession
  159         should not be made by licensed health care
  160         practitioners or health care facilities; providing an
  161         exception for emergency medical technicians and
  162         paramedics; providing that a patient may decline to
  163         provide information regarding the ownership or
  164         possession of firearms; clarifying that a physician’s
  165         authorization to choose his or her patients is not
  166         altered by the act; prohibiting discrimination by
  167         licensed health care practitioners or facilities based
  168         solely upon a patient’s firearm ownership or
  169         possession; prohibiting harassment of a patient
  170         regarding firearm ownership by a licensed health care
  171         practitioner or facility during an examination;
  172         providing for disciplinary action; amending s.
  173         381.026, F.S.; providing that unless the information
  174         is relevant to the patient’s medical care or safety,
  175         or the safety of others, inquiries regarding firearm
  176         ownership or possession should not be made by licensed
  177         health care providers or health care facilities;
  178         providing that a patient may decline to provide
  179         information regarding the ownership or possession of
  180         firearms; clarifying that a physician’s authorization
  181         to choose his or her patients is not altered by the
  182         act; prohibiting discrimination by licensed health
  183         care providers or facilities based solely upon a
  184         patient’s firearm ownership or possession; prohibiting
  185         harassment of a patient regarding firearm ownership
  186         during an examination by a licensed health care
  187         provider or facility; amending s. 456.072, F.S.;
  188         including the violation of the provisions of s.
  189         790.338, F.S., as grounds for disciplinary action;
  190         prohibiting denial of insurance coverage, increased
  191         premiums, or any other form of discrimination by
  192         insurance companies issuing policies pursuant to ch.
  193         627, F.S., on the basis of an insured’s or applicant’s
  194         ownership, possession, or storage of firearms or
  195         ammunition; clarifying that an insurer is not
  196         prohibited from considering the fair market value of
  197         firearms or ammunition in setting personal property
  198         coverage premiums; providing an effective date.