Florida Senate - 2013                                     SB 314
       
       
       
       By Senator Braynon
       
       
       
       
       36-00603-13                                            2013314__
    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 a provision 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; deleting a provision providing that a
   11         patient may decline to provide information regarding
   12         the ownership or possession of firearms; deleting a
   13         provision clarifying that a physician’s authority to
   14         choose his or her patients is not altered by the act;
   15         deleting a provision prohibiting discrimination by
   16         licensed health care providers or health care
   17         facilities based solely upon a patient’s firearm
   18         ownership or possession; deleting a provision
   19         prohibiting harassment of a patient regarding firearm
   20         ownership during an examination by a licensed health
   21         care provider or health care facility; amending s.
   22         456.072, F.S.; conforming a provision to changes made
   23         by the act; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 790.338, Florida Statutes, is repealed.
   28         Section 2. Paragraph (b) of subsection (4) of section
   29  381.026, Florida Statutes, is amended to read:
   30         381.026 Florida Patient’s Bill of Rights and
   31  Responsibilities.—
   32         (4) RIGHTS OF PATIENTS.—Each health care facility or
   33  provider shall observe the following standards:
   34         (b) Information.—
   35         1. A patient has the right to know the name, function, and
   36  qualifications of each health care provider who is providing
   37  medical services to the patient. A patient may request such
   38  information from his or her responsible provider or the health
   39  care facility in which he or she is receiving medical services.
   40         2. A patient in a health care facility has the right to
   41  know what patient support services are available in the
   42  facility.
   43         3. A patient has the right to be given by his or her health
   44  care provider information concerning diagnosis, planned course
   45  of treatment, alternatives, risks, and prognosis, unless it is
   46  medically inadvisable or impossible to give this information to
   47  the patient, in which case the information must be given to the
   48  patient’s guardian or a person designated as the patient’s
   49  representative. A patient has the right to refuse this
   50  information.
   51         4. A patient has the right to refuse any treatment based on
   52  information required by this paragraph, except as otherwise
   53  provided by law. The responsible provider shall document any
   54  such refusal.
   55         5. A patient in a health care facility has the right to
   56  know what facility rules and regulations apply to patient
   57  conduct.
   58         6. A patient has the right to express grievances to a
   59  health care provider, a health care facility, or the appropriate
   60  state licensing agency regarding alleged violations of patients’
   61  rights. A patient has the right to know the health care
   62  provider’s or health care facility’s procedures for expressing a
   63  grievance.
   64         7. A patient in a health care facility who does not speak
   65  English has the right to be provided an interpreter when
   66  receiving medical services if the facility has a person readily
   67  available who can interpret on behalf of the patient.
   68         8. A health care provider or health care facility shall
   69  respect a patient’s right to privacy and should refrain from
   70  making a written inquiry or asking questions concerning the
   71  ownership of a firearm or ammunition by the patient or by a
   72  family member of the patient, or the presence of a firearm in a
   73  private home or other domicile of the patient or a family member
   74  of the patient. Notwithstanding this provision, a health care
   75  provider or health care facility that in good faith believes
   76  that this information is relevant to the patient’s medical care
   77  or safety, or safety of others, may make such a verbal or
   78  written inquiry.
   79         9. A patient may decline to answer or provide any
   80  information regarding ownership of a firearm by the patient or a
   81  family member of the patient, or the presence of a firearm in
   82  the domicile of the patient or a family member of the patient. A
   83  patient’s decision not to answer a question relating to the
   84  presence or ownership of a firearm does not alter existing law
   85  regarding a physician’s authorization to choose his or her
   86  patients.
   87         10. A health care provider or health care facility may not
   88  discriminate against a patient based solely upon the patient’s
   89  exercise of the constitutional right to own and possess firearms
   90  or ammunition.
   91         11. A health care provider or health care facility shall
   92  respect a patient’s legal right to own or possess a firearm and
   93  should refrain from unnecessarily harassing a patient about
   94  firearm ownership during an examination.
   95         Section 3. Paragraph (nn) of subsection (1) of section
   96  456.072, Florida Statutes, is amended to read:
   97         456.072 Grounds for discipline; penalties; enforcement.—
   98         (1) The following acts shall constitute grounds for which
   99  the disciplinary actions specified in subsection (2) may be
  100  taken:
  101         (nn) Violating any of the provisions of s. 790.338.
  102         Section 4. This act shall take effect July 1, 2013.