Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 432
Barcode 969274
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Regulation (Norman) 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) A verbal or written inquiry by any public or private
10 physician, nurse, or other medical staff person regarding the
11 ownership of a firearm by a patient or the family of a patient
12 or the presence of a firearm in a patient’s home or other
13 domicile violates the privacy of the patient or the patient’s
14 family, respectively, and is prohibited.
15 (b) Any public or private physician, nurse, or other
16 medical staff person may not condition receipt of medical
17 treatment or medical care on a person’s willingness or refusal
18 to disclose personal and private information unrelated to
19 medical treatment in violation of an individual’s privacy as
20 specified in this section.
21 (c) Any public or private physician, nurse, or other
22 medical staff person may not intentionally, accidentally, or
23 inadvertently enter any disclosed information concerning
24 firearms into any record, whether written or electronic, or
25 disclose such information to any other source.
26 (2)(a) A person who violates a provision of this section
27 commits a noncriminal violation as defined in s. 775.08,
28 punishable as provided in s. 775.082 or s. 775.083.
29 (b) If the court determines that the violation was knowing
30 and willful or that the person committing the prohibited act, in
31 the exercise of ordinary care, should have known the act was a
32 violation, the court shall assess a fine of not less than
33 $10,000 for the first offense, not less than $25,000 for the
34 second offense, and not less than $100,000 for the third and
35 subsequent offenses. The person found to have committed the
36 violation shall be personally liable for the payment of all
37 fines, costs, and fees assessed by the court for the noncriminal
38 violation.
39 (3) The state attorney in the circuit where the violation
40 is alleged to have occurred shall investigate complaints of
41 noncriminal violations of this section and, where the state
42 attorney determines probable cause that a violation exists,
43 shall prosecute violators in the circuit court where the
44 violation is alleged to have occurred. Any state attorney who
45 fails to execute his or her duties under this section may be
46 held accountable under the appropriate Florida rules of
47 professional conduct.
48 (4) The state attorney shall notify the Attorney General of
49 any fines assessed under this section, notwithstanding s.
50 28.246(6), and if a fine for a violation of this section remains
51 unpaid after 90 days, the Attorney General shall bring a civil
52 action to enforce the fine.
53 (5) Except as required by s. 16, Art. I of the State
54 Constitution or the Sixth Amendment to the United States
55 Constitution, public funds may not be used to defend the
56 unlawful conduct of any person charged with a knowing and
57 willful violation of this section.
58 (6) Notwithstanding any other provision of this section, it
59 is not a violation for:
60 (a) Any psychiatrist as defined in s. 394.455, psychologist
61 as defined in s. 490.003, school psychologist as defined in s.
62 490.003, clinical social worker as defined in s. 491.003, or
63 public or private physician, nurse, or other medical personnel
64 to make an inquiry prohibited by paragraph (1)(a) if the person
65 making the inquiry in good faith believes that the possession or
66 control of a firearm or ammunition by the patient or another
67 member of the patient’s household would pose an imminent danger
68 or threat to the patient or others.
69 (b) Any public or private physician, nurse, or other
70 medical personnel to make an inquiry prohibited by paragraph
71 (1)(a) if such inquiry is necessary to treat a patient during
72 the course and scope of a medical emergency which specifically
73 includes, but is not limited to, a mental health or psychotic
74 episode where the patient’s conduct or symptoms reasonably
75 indicate that the patient has the capacity of causing harm to
76 himself, herself, or others.
77 (c) Any public or private physician, nurse, or other
78 medical personnel to enter any of the information disclosed
79 pursuant to paragraphs (a) and (b) into any record, whether
80 written or electronic.
81
82 However, a patient’s response to any inquiry permissible under
83 this subsection shall be private and may not be disclosed to any
84 third party not participating in the treatment of the patient
85 other than a law enforcement officer conducting an active
86 investigation involving the patient or the events giving rise to
87 a medical emergency. The exceptions provided by this subsection
88 do not apply to inquiries made due to a person’s general belief
89 that firearms or ammunition are harmful to health or safety.
90 (7) Medical records created on or before the effective date
91 of this act do not violate this section, nor is it a violation
92 of this section to transfer such records to another health care
93 provider.
94 Section 2. This act shall take effect upon becoming a law.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete everything before the enacting clause
99 and insert:
100 A bill to be entitled
101 An act relating to the privacy of firearms owners;
102 creating s. 790.338, F.S.; prohibiting physicians or
103 other medical personnel from inquiring, either
104 verbally or in writing, about the ownership of a
105 firearm by a patient or the family of a patient or the
106 presence of a firearm in a patient’s private home or
107 other domicile; prohibiting conditioning the receipt
108 of medical treatment or care on a person’s willingness
109 or refusal to disclose personal and private
110 information unrelated to medical treatment in
111 violation of an individual’s privacy contrary to
112 specified provisions; prohibiting entry of certain
113 information concerning firearms into medical records
114 or disclosure of such information by specified
115 individuals; providing noncriminal penalties;
116 providing for prosecution of violations; requiring
117 informing the Attorney General of prosecution of
118 violations; providing for collection of fines by the
119 Attorney General in certain circumstances; providing
120 exemptions; providing an effective date.