Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for CS for SB 432 Barcode 608126 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.