Florida Senate - 2011                CS for CS for CS for SB 432
       
       
       
       By the Committees on Judiciary; Health Regulation; and Criminal
       Justice; and Senator Evers
       
       
       
       590-04428-11                                           2011432c3
    1                        A bill to be entitled                      
    2         An act relating to the privacy of firearm owners;
    3         creating s. 790.338, F.S.; providing that a licensed
    4         medical care practitioner or health care facility may
    5         not record information regarding firearm ownership in
    6         a patient’s medical record; providing an exception for
    7         relevance of the information to the patient’s medical
    8         care or safety or the safety of others; providing that
    9         unless the information is relevant to the patient’s
   10         medical care or safety or the safety of others,
   11         inquiries regarding firearm ownership or possession
   12         should not be made by licensed health care
   13         practitioners or health care facilities; providing an
   14         exception for emergency medical technicians and
   15         paramedics; providing that a patient may decline to
   16         provide information regarding the ownership or
   17         possession of firearms; clarifying that a physician’s
   18         authorization to choose his or her patients is not
   19         altered by the act; prohibiting discrimination by
   20         licensed health care practitioners or facilities based
   21         solely upon a patient’s firearm ownership or
   22         possession; prohibiting harassment of a patient
   23         regarding firearm ownership by a licensed health care
   24         practitioner or facility during an examination;
   25         prohibiting denial of insurance coverage, increased
   26         premiums, or any other form of discrimination by
   27         insurance companies issuing policies on the basis of
   28         an insured’s or applicant’s ownership, possession, or
   29         storage of firearms or ammunition; clarifying that an
   30         insurer is not prohibited from considering the fair
   31         market value of firearms or ammunition in setting
   32         personal property coverage premiums; providing for
   33         disciplinary action; amending s. 381.026, F.S.;
   34         providing that unless the information is relevant to
   35         the patient’s medical care or safety, or the safety of
   36         others, inquiries regarding firearm ownership or
   37         possession should not be made by licensed health care
   38         providers or health care facilities; providing that a
   39         patient may decline to provide information regarding
   40         the ownership or possession of firearms; clarifying
   41         that a physician’s authorization to choose his or her
   42         patients is not altered by the act; prohibiting
   43         discrimination by licensed health care providers or
   44         facilities based solely upon a patient’s firearm
   45         ownership or possession; prohibiting harassment of a
   46         patient regarding firearm ownership during an
   47         examination by a licensed health care provider or
   48         facility; amending s. 456.072, F.S.; including the
   49         violation of the provisions of s. 790.338, F.S., as
   50         grounds for disciplinary action; providing an
   51         effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 790.338, Florida Statutes, is created to
   56  read:
   57         790.338Medical privacy concerning firearms; prohibitions;
   58  exceptions; penalties.—
   59         (1)A health care practitioner licensed under chapter 456
   60  or a health care facility licensed under chapter 395 may not
   61  intentionally enter any disclosed information concerning firearm
   62  ownership into the patient’s medical record if the practitioner
   63  knows that such information is not relevant to the patient’s
   64  medical care or safety, or the safety of others.
   65         (2)A health care practitioner licensed under chapter 456
   66  or a health care facility licensed under chapter 395 shall
   67  respect a patient’s right to privacy and should refrain from
   68  making a written inquiry or asking questions concerning the
   69  ownership of a firearm or ammunition by the patient or by a
   70  family member of the patient, or the presence of a firearm in a
   71  private home or other domicile of the patient or a family member
   72  of the patient. Notwithstanding this provision, a health care
   73  practitioner or health care facility that in good faith believes
   74  that this information is relevant to the patient’s medical care
   75  or safety, or the safety of others, may make such a verbal or
   76  written inquiry.
   77         (3)Any emergency medical technician or paramedic acting
   78  under the supervision of an emergency medical services director
   79  under chapter 401 may make an inquiry concerning the possession
   80  or presence of a firearm if he or she, in good faith, believes
   81  that information regarding the possession of a firearm by the
   82  patient or the presence of a firearm in the home or domicile of
   83  a patient or a patient’s family member is necessary to treat a
   84  patient during the course and scope of a medical emergency or
   85  that the presence or possession of a firearm would pose an
   86  imminent danger or threat to the patient or others.
   87         (4)A patient may decline to answer or provide any
   88  information regarding ownership of a firearm by the patient or a
   89  family member of the patient, or the presence of a firearm in
   90  the domicile of the patient or a family member of the patient. A
   91  patient’s decision not to answer a question relating to the
   92  presence or ownership of a firearm does not alter existing law
   93  regarding a physician’s authorization to choose his or her
   94  patients.
   95         (5)A health care practitioner licensed under chapter 456
   96  or a health care facility licensed under chapter 395 may not
   97  discriminate against a patient based solely upon the patient’s
   98  exercise of the constitutional right to own and possess firearms
   99  or ammunition.
  100         (6)A health care practitioner licensed under chapter 456
  101  or a health care facility licensed under chapter 395 shall
  102  respect a patient’s legal right to own or possess a firearm and
  103  should refrain from unnecessarily harassing a patient about
  104  firearm ownership during an examination.
  105         (7)An insurer issuing any type of insurance policy
  106  pursuant to chapter 627 may not deny coverage or increase any
  107  premium, or otherwise discriminate against any insured or
  108  applicant for insurance, on the basis of or upon reliance upon
  109  the lawful ownership or possession of a firearm or ammunition or
  110  the lawful use or storage of a firearm or ammunition. Nothing
  111  herein shall prevent an insurer from considering the fair market
  112  value of firearms or ammunition in the setting of premiums for
  113  scheduled personal property coverage.
  114         (8)Violations of the provisions of subsections (1)-(4)
  115  constitute grounds for disciplinary action under ss. 456.072(2)
  116  and 395.1055.
  117         Section 2. Paragraph (b) of subsection (4) of section
  118  381.026, Florida Statutes, is amended to read:
  119         381.026 Florida Patient’s Bill of Rights and
  120  Responsibilities.—
  121         (4) RIGHTS OF PATIENTS.—Each health care facility or
  122  provider shall observe the following standards:
  123         (b) Information.—
  124         1. A patient has the right to know the name, function, and
  125  qualifications of each health care provider who is providing
  126  medical services to the patient. A patient may request such
  127  information from his or her responsible provider or the health
  128  care facility in which he or she is receiving medical services.
  129         2. A patient in a health care facility has the right to
  130  know what patient support services are available in the
  131  facility.
  132         3. A patient has the right to be given by his or her health
  133  care provider information concerning diagnosis, planned course
  134  of treatment, alternatives, risks, and prognosis, unless it is
  135  medically inadvisable or impossible to give this information to
  136  the patient, in which case the information must be given to the
  137  patient’s guardian or a person designated as the patient’s
  138  representative. A patient has the right to refuse this
  139  information.
  140         4. A patient has the right to refuse any treatment based on
  141  information required by this paragraph, except as otherwise
  142  provided by law. The responsible provider shall document any
  143  such refusal.
  144         5. A patient in a health care facility has the right to
  145  know what facility rules and regulations apply to patient
  146  conduct.
  147         6. A patient has the right to express grievances to a
  148  health care provider, a health care facility, or the appropriate
  149  state licensing agency regarding alleged violations of patients’
  150  rights. A patient has the right to know the health care
  151  provider’s or health care facility’s procedures for expressing a
  152  grievance.
  153         7. A patient in a health care facility who does not speak
  154  English has the right to be provided an interpreter when
  155  receiving medical services if the facility has a person readily
  156  available who can interpret on behalf of the patient.
  157         8.A health care provider or health care facility shall
  158  respect a patient’s right to privacy and should refrain from
  159  making a written inquiry or asking questions concerning the
  160  ownership of a firearm or ammunition by the patient or by a
  161  family member of the patient, or the presence of a firearm in a
  162  private home or other domicile of the patient or a family member
  163  of the patient. Notwithstanding this provision, a health care
  164  provider or health care facility that in good faith believes
  165  that this information is relevant to the patient’s medical care
  166  or safety, or safety or others, may make such a verbal or
  167  written inquiry.
  168         9.A patient may decline to answer or provide any
  169  information regarding ownership of a firearm by the patient or a
  170  family member of the patient, or the presence of a firearm in
  171  the domicile of the patient or a family member of the patient. A
  172  patient’s decision not to answer a question relating to the
  173  presence or ownership of a firearm does not alter existing law
  174  regarding a physician’s authorization to choose his or her
  175  patients.
  176         10.A health care provider or health care facility may not
  177  discriminate against a patient based solely upon the patient’s
  178  exercise of the constitutional right to own and possess firearms
  179  or ammunition.
  180         11.A health care provider or health care facility shall
  181  respect a patient’s legal right to own or possess a firearm and
  182  should refrain from unnecessarily harassing a patient about
  183  firearm ownership during an examination.
  184         Section 3. Paragraph (mm) is added to subsection (1) of
  185  section 456.072, Florida Statutes, to read:
  186         456.072 Grounds for discipline; penalties; enforcement.—
  187         (1) The following acts shall constitute grounds for which
  188  the disciplinary actions specified in subsection (2) may be
  189  taken:
  190         (mm)Violating any of the provisions of s. 790.338.
  191         Section 4. This act shall take effect upon becoming a law.