Florida Senate - 2012                                     SB 248
       
       
       
       By Senator Braynon
       
       
       
       
       33-00278-12                                            2012248__
    1                        A bill to be entitled                      
    2         An act relating to the privacy of firearm owners;
    3         repealing s. 790.338, F.S., relating to medical
    4         privacy concerning firearms; amending s. 381.026,
    5         F.S.; deleting provisions providing that unless the
    6         information is relevant to the patient’s medical care
    7         or safety, or the safety of others, inquiries
    8         regarding firearm ownership or possession should not
    9         be made by licensed health care providers or health
   10         care facilities, providing that a patient may decline
   11         to provide information regarding the ownership or
   12         possession of firearms, clarifying that a physician’s
   13         authority to choose his or her patients is not altered
   14         by the act, prohibiting discrimination by licensed
   15         health care providers or health care facilities based
   16         solely upon a patient’s firearm ownership or
   17         possession, and prohibiting harassment of a patient
   18         regarding firearm ownership during an examination by a
   19         licensed health care provider or health care facility;
   20         amending s. 456.072, F.S.; conforming provisions to
   21         changes made by the act; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 790.338, Florida Statutes, is repealed.
   26         Section 2. Paragraph (b) of subsection (4) of section
   27  381.026, Florida Statutes, is amended to read:
   28         381.026 Florida Patient’s Bill of Rights and
   29  Responsibilities.—
   30         (4) RIGHTS OF PATIENTS.—Each health care facility or
   31  provider shall observe the following standards:
   32         (b) Information.—
   33         1. A patient has the right to know the name, function, and
   34  qualifications of each health care provider who is providing
   35  medical services to the patient. A patient may request such
   36  information from his or her responsible provider or the health
   37  care facility in which he or she is receiving medical services.
   38         2. A patient in a health care facility has the right to
   39  know what patient support services are available in the
   40  facility.
   41         3. A patient has the right to be given by his or her health
   42  care provider information concerning diagnosis, planned course
   43  of treatment, alternatives, risks, and prognosis, unless it is
   44  medically inadvisable or impossible to give this information to
   45  the patient, in which case the information must be given to the
   46  patient’s guardian or a person designated as the patient’s
   47  representative. A patient has the right to refuse this
   48  information.
   49         4. A patient has the right to refuse any treatment based on
   50  information required by this paragraph, except as otherwise
   51  provided by law. The responsible provider shall document any
   52  such refusal.
   53         5. A patient in a health care facility has the right to
   54  know what facility rules and regulations apply to patient
   55  conduct.
   56         6. A patient has the right to express grievances to a
   57  health care provider, a health care facility, or the appropriate
   58  state licensing agency regarding alleged violations of patients’
   59  rights. A patient has the right to know the health care
   60  provider’s or health care facility’s procedures for expressing a
   61  grievance.
   62         7. A patient in a health care facility who does not speak
   63  English has the right to be provided an interpreter when
   64  receiving medical services if the facility has a person readily
   65  available who can interpret on behalf of the patient.
   66         8. A health care provider or health care facility 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  provider 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 safety of others, may make such a verbal or
   76  written inquiry.
   77         9. A patient may decline to answer or provide any
   78  information regarding ownership of a firearm by the patient or a
   79  family member of the patient, or the presence of a firearm in
   80  the domicile of the patient or a family member of the patient. A
   81  patient’s decision not to answer a question relating to the
   82  presence or ownership of a firearm does not alter existing law
   83  regarding a physician’s authorization to choose his or her
   84  patients.
   85         10. A health care provider or health care facility may not
   86  discriminate against a patient based solely upon the patient’s
   87  exercise of the constitutional right to own and possess firearms
   88  or ammunition.
   89         11. A health care provider or health care facility shall
   90  respect a patient’s legal right to own or possess a firearm and
   91  should refrain from unnecessarily harassing a patient about
   92  firearm ownership during an examination.
   93         Section 3. Paragraph (nn) of subsection (1) of section
   94  456.072, Florida Statutes, is amended to read:
   95         456.072 Grounds for discipline; penalties; enforcement.—
   96         (1) The following acts shall constitute grounds for which
   97  the disciplinary actions specified in subsection (2) may be
   98  taken:
   99         (nn) Violating any of the provisions of s. 790.338.
  100         Section 4. This act shall take effect July 1, 2012.