Florida Senate - 2017                                    SB 1518
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01634A-17                                          20171518__
    1                        A bill to be entitled                      
    2         An act relating to medical privacy concerning
    3         firearms; amending s. 790.338, F.S.; deleting a
    4         provision preventing a health care practitioner or
    5         facility from entering disclosed information
    6         concerning patient firearm ownership into a patient’s
    7         medical record under certain circumstances; deleting a
    8         provision preventing a health care practitioner or
    9         facility from making a written inquiry or asking
   10         questions concerning a patient’s ownership of firearms
   11         or ammunition under certain circumstances; amending s.
   12         381.026, F.S.; conforming provisions in the Florida
   13         Patient’s Bill of Rights and Responsibilities to
   14         changes made by the act; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 790.338, Florida Statutes, is amended to
   19  read:
   20         790.338 Medical privacy concerning firearms; discrimination
   21  prohibitions; penalties; exceptions.—
   22         (1)A health care practitioner licensed under chapter 456
   23  or a health care facility licensed under chapter 395 may not
   24  intentionally enter any disclosed information concerning firearm
   25  ownership into the patient’s medical record if the practitioner
   26  knows that such information is not relevant to the patient’s
   27  medical care or safety, or the safety of others.
   28         (2)A health care practitioner licensed under chapter 456
   29  or a health care facility licensed under chapter 395 shall
   30  respect a patient’s right to privacy and should refrain from
   31  making a written inquiry or asking questions concerning the
   32  ownership of a firearm or ammunition by the patient or by a
   33  family member of the patient, or the presence of a firearm in a
   34  private home or other domicile of the patient or a family member
   35  of the patient. Notwithstanding this provision, a health care
   36  practitioner or health care facility that in good faith believes
   37  that this information is relevant to the patient’s medical care
   38  or safety, or the safety of others, may make such a verbal or
   39  written inquiry.
   40         (1)(3) Any emergency medical technician or paramedic acting
   41  under the supervision of an emergency medical services medical
   42  director under chapter 401 may make an inquiry concerning the
   43  possession or presence of a firearm if he or she, in good faith,
   44  believes that information regarding the possession of a firearm
   45  by the patient or the presence of a firearm in the home or
   46  domicile of a patient or a patient’s family member is necessary
   47  to treat a patient during the course and scope of a medical
   48  emergency or that the presence or possession of a firearm would
   49  pose an imminent danger or threat to the patient or others.
   50         (2)(4) A patient may decline to answer or provide any
   51  information regarding ownership of a firearm by the patient or a
   52  family member of the patient, or the presence of a firearm in
   53  the domicile of the patient or a family member of the patient. A
   54  patient’s decision not to answer a question relating to the
   55  presence or ownership of a firearm does not alter existing law
   56  regarding a physician’s authorization to choose his or her
   57  patients.
   58         (3)(5) A health care practitioner licensed under chapter
   59  456 or a health care facility licensed under chapter 395 may not
   60  discriminate against a patient based solely upon the patient’s
   61  exercise of the constitutional right to own and possess firearms
   62  or ammunition.
   63         (6)A health care practitioner licensed under chapter 456
   64  or a health care facility licensed under chapter 395 shall
   65  respect a patient’s legal right to own or possess a firearm and
   66  should refrain from unnecessarily harassing a patient about
   67  firearm ownership during an examination.
   68         (4)(7) An insurer issuing any type of insurance policy
   69  pursuant to chapter 627 may not deny coverage, increase any
   70  premium, or otherwise discriminate against any insured or
   71  applicant for insurance on the basis of or upon reliance upon
   72  the lawful ownership or possession of a firearm or ammunition or
   73  the lawful use or storage of a firearm or ammunition. Nothing
   74  herein shall prevent an insurer from considering the fair market
   75  value of firearms or ammunition in the setting of premiums for
   76  scheduled personal property coverage.
   77         (5)(8) Violations of the provisions of subsections (1) and
   78  (2) (1)-(4) constitute grounds for disciplinary action under ss.
   79  456.072(2) and 395.1055.
   80         Section 2. Paragraph (b) of subsection (4) of section
   81  381.026, Florida Statutes, is amended to read:
   82         381.026 Florida Patient’s Bill of Rights and
   83  Responsibilities.—
   84         (4) RIGHTS OF PATIENTS.—Each health care facility or
   85  provider shall observe the following standards:
   86         (b) Information.—
   87         1. A patient has the right to know the name, function, and
   88  qualifications of each health care provider who is providing
   89  medical services to the patient. A patient may request such
   90  information from his or her responsible provider or the health
   91  care facility in which he or she is receiving medical services.
   92         2. A patient in a health care facility has the right to
   93  know what patient support services are available in the
   94  facility.
   95         3. A patient has the right to be given by his or her health
   96  care provider information concerning diagnosis, planned course
   97  of treatment, alternatives, risks, and prognosis, unless it is
   98  medically inadvisable or impossible to give this information to
   99  the patient, in which case the information must be given to the
  100  patient’s guardian or a person designated as the patient’s
  101  representative. A patient has the right to refuse this
  102  information.
  103         4. A patient has the right to refuse any treatment based on
  104  information required by this paragraph, except as otherwise
  105  provided by law. The responsible provider shall document any
  106  such refusal.
  107         5. A patient in a health care facility has the right to
  108  know what facility rules and regulations apply to patient
  109  conduct.
  110         6. A patient has the right to express grievances to a
  111  health care provider, a health care facility, or the appropriate
  112  state licensing agency regarding alleged violations of patients’
  113  rights. A patient has the right to know the health care
  114  provider’s or health care facility’s procedures for expressing a
  115  grievance.
  116         7. A patient in a health care facility who does not speak
  117  English has the right to be provided an interpreter when
  118  receiving medical services if the facility has a person readily
  119  available who can interpret on behalf of the patient.
  120         8.A health care provider or health care facility shall
  121  respect a patient’s right to privacy and should refrain from
  122  making a written inquiry or asking questions concerning the
  123  ownership of a firearm or ammunition by the patient or by a
  124  family member of the patient, or the presence of a firearm in a
  125  private home or other domicile of the patient or a family member
  126  of the patient. Notwithstanding this provision, a health care
  127  provider or health care facility that in good faith believes
  128  that this information is relevant to the patient’s medical care
  129  or safety, or safety of others, may make such a verbal or
  130  written inquiry.
  131         8.9. A patient may decline to answer or provide any
  132  information regarding ownership of a firearm by the patient or a
  133  family member of the patient, or the presence of a firearm in
  134  the domicile of the patient or a family member of the patient. A
  135  patient’s decision not to answer a question relating to the
  136  presence or ownership of a firearm does not alter existing law
  137  regarding a physician’s authorization to choose his or her
  138  patients.
  139         9.10. A health care provider or health care facility may
  140  not discriminate against a patient based solely upon the
  141  patient’s exercise of the constitutional right to own and
  142  possess firearms or ammunition.
  143         11.A health care provider or health care facility shall
  144  respect a patient’s legal right to own or possess a firearm and
  145  should refrain from unnecessarily harassing a patient about
  146  firearm ownership during an examination.
  147         Section 3. This act shall take effect upon becoming a law.