Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 432 Barcode 192982 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Gaetz and Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (4) of section 6 381.026, Florida Statutes, is amended to read: 7 381.026 Florida Patient’s Bill of Rights and 8 Responsibilities.— 9 (4) RIGHTS OF PATIENTS.—Each health care facility or 10 provider shall observe the following standards: 11 (b) Information.— 12 1. A patient has the right to know the name, function, and 13 qualifications of each health care provider who is providing 14 medical services to the patient. A patient may request such 15 information from his or her responsible provider or the health 16 care facility in which he or she is receiving medical services. 17 2. A patient in a health care facility has the right to 18 know what patient support services are available in the 19 facility. 20 3. A patient has the right to be given by his or her health 21 care provider information concerning diagnosis, planned course 22 of treatment, alternatives, risks, and prognosis, unless it is 23 medically inadvisable or impossible to give this information to 24 the patient, in which case the information must be given to the 25 patient’s guardian or a person designated as the patient’s 26 representative. A patient has the right to refuse this 27 information. 28 4. A patient has the right to refuse any treatment based on 29 information required by this paragraph, except as otherwise 30 provided by law. The responsible provider shall document any 31 such refusal. 32 5. A patient in a health care facility has the right to 33 know what facility rules and regulations apply to patient 34 conduct. 35 6. A patient has the right to express grievances to a 36 health care provider, a health care facility, or the appropriate 37 state licensing agency regarding alleged violations of patients’ 38 rights. A patient has the right to know the health care 39 provider’s or health care facility’s procedures for expressing a 40 grievance. 41 7. A patient in a health care facility who does not speak 42 English has the right to be provided an interpreter when 43 receiving medical services if the facility has a person readily 44 available who can interpret on behalf of the patient. 45 8. A patient may decline to answer or provide any 46 information regarding the ownership of a firearm by the patient 47 or by a family member of the patient or the presence of a 48 firearm in a private home or other domicile of the patient or a 49 family member of the patient. A patient’s decision to decline to 50 answer does not alter existing law regarding a physician’s 51 authorization to choose his or her patients. 52 9. A health care provider or health care facility shall 53 respect a patient’s legal right to own or possess a firearm and 54 shall refrain from unnecessarily harassing a patient about 55 firearm ownership during an examination. 56 Section 2. Paragraph (mm) is added to subsection (1) of 57 section 456.072, Florida Statutes, to read: 58 456.072 Grounds for discipline; penalties; enforcement.— 59 (1) The following acts shall constitute grounds for which 60 the disciplinary actions specified in subsection (2) may be 61 taken: 62 (mm) Creating any type of list or database, without a 63 patient’s consent, relating to the lawful: 64 1. Ownership or possession of a firearm or ammunition; 65 2. Use of a firearm or ammunition; or 66 3. Storage of a firearm or ammunition. 67 68 For purposes of this paragraph, a list or database does not 69 include an entry in a patient’s individual medical record. 70 Section 3. Section 790.338, Florida Statutes, is created to 71 read: 72 790.338 Medical privacy concerning firearms; prohibitions; 73 penalties; exceptions.— 74 (1) A health care provider licensed under chapter 456 or a 75 health care facility licensed under chapter 395 may not 76 intentionally enter any disclosed information concerning firearm 77 ownership in a patient’s medical record when the provider knows 78 that such information is not relevant to the patient’s medical 79 care. 80 (2)(a) A person who violates this section commits a 81 noncriminal violation as defined in s. 775.08, punishable as 82 provided in s. 775.082 or s. 775.083. 83 (b) If the trial court determines that the violation was 84 committed knowingly and willfully, the court shall assess a fine 85 of not more than $5,000. The person who committed the violation 86 is liable for the payment of all fines, costs, and fees assessed 87 by the court for the noncriminal violation. 88 (c) The state attorney in the circuit where the violation 89 is alleged to have occurred may investigate complaints of 90 noncriminal violations of this section. If the state attorney 91 determines probable cause that a violation exists, the state 92 attorney may prosecute the violator in the circuit where the 93 violation is alleged to have occurred. 94 Section 4. An insurer that issues any type of insurance 95 policy or contract under chapter 627, Florida Statutes, may not 96 deny coverage or increase any premium, or otherwise discriminate 97 against any insured or applicant for insurance on the basis of, 98 or upon reliance upon, the applicant’s or insured’s lawful: 99 (1) Ownership or possession of a firearm or ammunition; or 100 (2) Use or storage of a firearm or ammunition. 101 Section 5. This act shall take effect July 1, 2011. 102 103 ================= T I T L E A M E N D M E N T ================ 104 And the title is amended as follows: 105 Delete everything before the enacting clause 106 and insert: 107 A bill to be entitled 108 An act relating to privacy of firearm owners; amending 109 s. 381.026, F.S.; providing that a patient may decline 110 to answer or provide information to a health care 111 facility or provider regarding firearm ownership; 112 prohibiting a health care provider or facility from 113 unnecessarily harassing a patient about firearm 114 ownership; amending s. 456.072, F.S.; revising the 115 list of grounds for which a health care practitioner 116 may be disciplined to prohibit the creation of a list 117 or database concerning the ownership, possession, use, 118 or storage of a firearm by a patient; creating s. 119 790.338, F.S.; prohibiting certain health care 120 providers and health care facilities from 121 intentionally entering any disclosed information 122 concerning firearm ownership in a patient’s medical 123 record under certain circumstances; providing a 124 penalty; requiring the trial court to assess a fine if 125 the health care provider or health care facility 126 knowingly and willfully violates such prohibition; 127 providing for payment of fines, costs, and fees that 128 are assessed; authorizing the state attorney to 129 investigate complaints of any violations and to 130 prosecute any violators if there is probable cause; 131 prohibiting certain insurers from denying insurance 132 coverage or increasing their premiums based upon an 133 applicant’s or insured’s lawful ownership or 134 possession of a firearm or ammunition or the lawful 135 use or storage of a firearm or ammunition; providing 136 an effective date.