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)
    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.
   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         790.338Medical 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.
  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.