Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for CS for SB 432 Barcode 396734 LEGISLATIVE ACTION Senate . House Comm: RCS . 05/18/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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) An insurer issuing any type of insurance policy 56 pursuant to chapter 627, Florida Statutes, may not deny coverage 57 or increase any premium, or otherwise discriminate against any 58 insured or applicant for insurance, on the basis of or upon 59 reliance upon the lawful ownership or possession of a firearm or 60 ammunition or the lawful use or storage of a firearm or 61 ammunition. Nothing herein shall prevent an insurer from 62 considering the fair market value of firearms or ammunition in 63 the setting of premiums for scheduled personal property 64 coverage. 65 (8) Violations of the provisions of subsections (1)-(4) 66 constitute grounds for disciplinary action under ss. 456.072(2) 67 and 395.1055. 68 Section 2. Paragraph (b) of subsection (4) of section 69 381.026, Florida Statutes, is amended to read: 70 381.026 Florida Patient’s Bill of Rights and 71 Responsibilities.— 72 (4) RIGHTS OF PATIENTS.—Each health care facility or 73 provider shall observe the following standards: 74 (b) Information.— 75 1. A patient has the right to know the name, function, and 76 qualifications of each health care provider who is providing 77 medical services to the patient. A patient may request such 78 information from his or her responsible provider or the health 79 care facility in which he or she is receiving medical services. 80 2. A patient in a health care facility has the right to 81 know what patient support services are available in the 82 facility. 83 3. A patient has the right to be given by his or her health 84 care provider information concerning diagnosis, planned course 85 of treatment, alternatives, risks, and prognosis, unless it is 86 medically inadvisable or impossible to give this information to 87 the patient, in which case the information must be given to the 88 patient’s guardian or a person designated as the patient’s 89 representative. A patient has the right to refuse this 90 information. 91 4. A patient has the right to refuse any treatment based on 92 information required by this paragraph, except as otherwise 93 provided by law. The responsible provider shall document any 94 such refusal. 95 5. A patient in a health care facility has the right to 96 know what facility rules and regulations apply to patient 97 conduct. 98 6. A patient has the right to express grievances to a 99 health care provider, a health care facility, or the appropriate 100 state licensing agency regarding alleged violations of patients’ 101 rights. A patient has the right to know the health care 102 provider’s or health care facility’s procedures for expressing a 103 grievance. 104 7. A patient in a health care facility who does not speak 105 English has the right to be provided an interpreter when 106 receiving medical services if the facility has a person readily 107 available who can interpret on behalf of the patient. 108 8. A health care provider or health care facility shall 109 respect a patient’s right to privacy and should refrain from 110 making a written inquiry or asking questions concerning the 111 ownership of a firearm or ammunition by the patient or by a 112 family member of the patient, or the presence of a firearm in a 113 private home or other domicile of the patient or a family member 114 of the patient. Notwithstanding this provision, a health care 115 provider or health care facility that in good faith believes 116 that this information is relevant to the patient’s medical care 117 or safety, or safety or others, may make such a verbal or 118 written inquiry. 119 9. A patient may decline to answer or provide any 120 information regarding ownership of a firearm by the patient or a 121 family member of the patient, or the presence of a firearm in 122 the domicile of the patient or a family member of the patient. A 123 patient’s decision not to answer a question relating to the 124 presence or ownership of a firearm does not alter existing law 125 regarding a physician’s authorization to choose his or her 126 patients. 127 10. A health care provider or health care facility may not 128 discriminate against a patient based solely upon the patient’s 129 exercise of the constitutional right to own and possess firearms 130 or ammunition. 131 11. A health care provider or health care facility shall 132 respect a patient’s legal right to own or possess a firearm and 133 should refrain from unnecessarily harassing a patient about 134 firearm ownership during an examination. 135 Section 3. Subsection (mm) is added to subsection (1) of 136 section 456.072, Florida Statutes, to read: 137 456.072 Grounds for discipline; penalties; enforcement.— 138 (1) The following acts shall constitute grounds for which 139 the disciplinary actions specified in subsection (2) may be 140 taken: 141 (mm) Violating any of the provisions of s. 790.338. 142 Section 4. This act shall take effect upon becoming a law. 143 144 145 ================= T I T L E A M E N D M E N T ================ 146 And the title is amended as follows: 147 Delete everything before the enacting clause 148 and insert: 149 A bill to be entitled 150 An act relating to the privacy of firearm owners; 151 creating s. 790.338, F.S.; providing that a licensed 152 medical care practitioner or health care facility may 153 not record information regarding firearm ownership in 154 a patient’s medical record; providing an exception for 155 relevance of the information to the patient’s medical 156 care or safety or the safety of others; providing that 157 unless the information is relevant to the patient’s 158 medical care or safety or the safety of others, 159 inquiries regarding firearm ownership or possession 160 should not be made by licensed health care 161 practitioners or health care facilities; providing an 162 exception for emergency medical technicians and 163 paramedics; providing that a patient may decline to 164 provide information regarding the ownership or 165 possession of firearms; clarifying that a physician’s 166 authorization to choose his or her patients is not 167 altered by the act; prohibiting discrimination by 168 licensed health care practitioners or facilities based 169 solely upon a patient’s firearm ownership or 170 possession; prohibiting harassment of a patient 171 regarding firearm ownership by a licensed health care 172 practitioner or facility during an examination; 173 prohibiting denial of insurance coverage, increased 174 premiums, or any other form of discrimination by 175 insurance companies issuing policies on the basis of 176 an insured’s or applicant’s ownership, possession, or 177 storage of firearms or ammunition; clarifying that an 178 insurer is not prohibited from considering the fair 179 market value of firearms or ammunition in setting 180 personal property coverage premiums; providing for 181 disciplinary action; amending s. 381.026, F.S.; 182 providing that unless the information is relevant to 183 the patient’s medical care or safety, or the safety of 184 others, inquiries regarding firearm ownership or 185 possession should not be made by licensed health care 186 providers or health care facilities; providing that a 187 patient may decline to provide information regarding 188 the ownership or possession of firearms; clarifying 189 that a physician’s authorization to choose his or her 190 patients is not altered by the act; prohibiting 191 discrimination by licensed health care providers or 192 facilities based solely upon a patient’s firearm 193 ownership or possession; prohibiting harassment of a 194 patient regarding firearm ownership during an 195 examination by a licensed health care provider or 196 facility; amending s. 456.072, F.S.; including the 197 violation of the provisions of s. 790.338, F.S., as 198 grounds for disciplinary action; providing an 199 effective date.