CS/CS/HB 155

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

CODING: Words stricken are deletions; words underlined are additions.