HB 4015

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  Section 790.338, Florida Statutes, is repealed.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
42	health care provider information concerning diagnosis, planned
43	course of treatment, alternatives, risks, and prognosis, unless
44	it is medically inadvisable or impossible to give this
45	information to the patient, in which case the information must
46	be given to the patient's guardian or a person designated as the
47	patient's representative. A patient has the right to refuse this
48	information.
49	4.  A patient has the right to refuse any treatment based
50	on 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.

CODING: Words stricken are deletions; words underlined are additions.