Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 1580
       
       
       
       
       
       
                                Ì634746AÎ634746                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/27/2023 11:00 AM       .                                
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       Senator Polsky moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 232 and 233
    4  insert:
    5         Section 4. Paragraph (b) of subsection (4) of section
    6  381.026, Florida Statutes, is amended to read:
    7         381.026 Florida Patient’s Bill of Rights and
    8  Responsibilities.—
    9         (4) RIGHTS OF PATIENTS.—Each health care facility or
   10  provider shall observe the following standards:
   11         (b) Information.—
   12         1. A patient has the right to know the name, function, and
   13  qualifications of each health care provider who is providing
   14  medical services to the patient. A patient may request such
   15  information from his or her responsible provider or the health
   16  care facility in which he or she is receiving medical services.
   17         2. A patient in a health care facility has the right to
   18  know what patient support services are available in the
   19  facility.
   20         3. A patient has the right to be given by his or her health
   21  care provider information concerning diagnosis, planned course
   22  of treatment, alternatives, risks, and prognosis, unless it is
   23  medically inadvisable or impossible to give this information to
   24  the patient, in which case the information must be given to the
   25  patient’s guardian or a person designated as the patient’s
   26  representative. A patient has the right to refuse this
   27  information.
   28         4. A patient has the right to refuse any treatment based on
   29  information required by this paragraph, except as otherwise
   30  provided by law. The responsible provider shall document any
   31  such refusal.
   32         5. A patient in a health care facility has the right to
   33  know what facility rules and regulations apply to patient
   34  conduct.
   35         6. A patient has the right to express grievances to a
   36  health care provider, a health care facility, or the appropriate
   37  state licensing agency regarding alleged violations of patients’
   38  rights. A patient has the right to know the health care
   39  provider’s or health care facility’s procedures for expressing a
   40  grievance.
   41         7. A patient in a health care facility who does not speak
   42  English has the right to be provided an interpreter when
   43  receiving medical services if the facility has a person readily
   44  available who can interpret on behalf of the patient.
   45         8.A health care provider or health care facility shall
   46  respect a patient’s right to privacy and should refrain from
   47  making a written inquiry or asking questions concerning the
   48  ownership of a firearm or ammunition by the patient or by a
   49  family member of the patient, or the presence of a firearm in a
   50  private home or other domicile of the patient or a family member
   51  of the patient. Notwithstanding this provision, a health care
   52  provider or health care facility that in good faith believes
   53  that this information is relevant to the patient’s medical care
   54  or safety, or safety of others, may make such a verbal or
   55  written inquiry.
   56         8.9. A patient may decline to answer or provide any
   57  information regarding ownership of a firearm by the patient or a
   58  family member of the patient, or the presence of a firearm in
   59  the domicile of the patient or a family member of the patient. A
   60  patient’s decision not to answer a question relating to the
   61  presence or ownership of a firearm does not alter existing law
   62  regarding a physician’s authorization to choose his or her
   63  patients.
   64         9.10. A health care provider or health care facility may
   65  not discriminate against a patient based solely upon the
   66  patient’s exercise of the constitutional right to own and
   67  possess firearms or ammunition.
   68         11.A health care provider or health care facility shall
   69  respect a patient’s legal right to own or possess a firearm and
   70  should refrain from unnecessarily harassing a patient about
   71  firearm ownership during an examination.
   72         Section 5. Subsections (2), (6), and (8) of section
   73  790.338, Florida Statutes, are amended to read:
   74         790.338 Medical privacy concerning firearms; prohibitions;
   75  penalties; exceptions.—
   76         (2)A health care practitioner licensed under chapter 456
   77  or a health care facility licensed under chapter 395 shall
   78  respect a patient’s right to privacy and should refrain from
   79  making a written inquiry or asking questions concerning the
   80  ownership of a firearm or ammunition by the patient or by a
   81  family member of the patient, or the presence of a firearm in a
   82  private home or other domicile of the patient or a family member
   83  of the patient. Notwithstanding this provision, a health care
   84  practitioner or health care facility that in good faith believes
   85  that this information is relevant to the patient’s medical care
   86  or safety, or the safety of others, may make such a verbal or
   87  written inquiry.
   88         (6)A health care practitioner licensed under chapter 456
   89  or a health care facility licensed under chapter 395 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         (6)(8) Violations of the provisions of subsections (1)-(3)
   94  (1)-(4) constitute grounds for disciplinary action under ss.
   95  456.072(2) and 395.1055.
   96  
   97  ================= T I T L E  A M E N D M E N T ================
   98  And the title is amended as follows:
   99         Delete line 42
  100  and insert:
  101         circumstances; amending ss. 381.026 and 790.338, F.S.;
  102         revising the rights of patients regarding privacy
  103         concerning firearms; providing severability; providing
  104         an