Bill Text: FL S0432 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Privacy of Firearm Owners

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2011-04-27 - Read 2nd time -SJ 540 [S0432 Detail]

Download: Florida-2011-S0432-Comm_Sub.html

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       Florida Senate - 2011                       CS for CS for SB 432
       
       
       
       By the Committees on Health Regulation; and Criminal Justice;
       and Senator Evers
       
       
       
       588-03219-11                                           2011432c2
    1                        A bill to be entitled                      
    2         An act relating to the privacy of firearm owners;
    3         creating s. 790.338, F.S.; providing that a licensed
    4         medical care provider or health care facility may not
    5         record information regarding firearm ownership in a
    6         patient’s medical record; providing an exception for
    7         relevance of the information to the patient’s medical
    8         care or safety; providing that unless the information
    9         is relevant to the patient’s medical care or safety,
   10         inquiries regarding firearm ownership or possession
   11         should not be made by licensed health care providers
   12         or health care facilities; providing that a patient
   13         may decline to provide information regarding the
   14         ownership or possession of firearms; clarifying that a
   15         physician’s authorization to choose his or her
   16         patients is not altered by the act; prohibiting
   17         discrimination by licensed health care providers or
   18         facilities based solely upon a patient’s firearm
   19         ownership or possession; prohibiting harassment of a
   20         patient regarding firearm ownership by a licensed
   21         health care provider or facility during an
   22         examination; providing for disciplinary action;
   23         amending s. 381.026, F.S.; providing that unless the
   24         information is relevant to the patient’s medical care
   25         or safety, inquiries regarding firearm ownership or
   26         possession should not be made by licensed health care
   27         providers or health care facilities; providing that a
   28         patient may decline to provide information regarding
   29         the ownership or possession of firearms; clarifying
   30         that a physician’s authorization to choose his or her
   31         patients is not altered by the act; prohibiting
   32         discrimination by licensed health care providers or
   33         facilities based solely upon a patient’s firearm
   34         ownership or possession; prohibiting harassment of a
   35         patient regarding firearm ownership during an
   36         examination by a licensed health care provider or
   37         facility; amending s. 456.072, F.S.; including the
   38         violation of the provisions of s. 790.338, F.S., as
   39         grounds for disciplinary action; prohibiting denial of
   40         insurance coverage, increased premiums, or any other
   41         form of discrimination by insurance companies issuing
   42         policies pursuant to ch. 627, F.S., on the basis of an
   43         insured’s or applicant’s ownership, possession, or
   44         storage of firearms or ammunition; providing an
   45         effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Section 790.338, Florida Statutes, is created to
   50  read:
   51         790.338 Medical privacy concerning firearms; prohibitions;
   52  penalties, exceptions.—
   53         (1) A health care provider licensed under chapter 456 or a
   54  health care facility licensed under chapter 395 may not
   55  intentionally enter any disclosed information concerning firearm
   56  ownership into the patient’s medical record if the provider
   57  knows that such information is not relevant to the patient’s
   58  medical care or safety.
   59         (2) A health care provider licensed under chapter 456 or a
   60  health care facility licensed under chapter 395 shall respect a
   61  patient’s right to privacy and should refrain from making a
   62  written inquiry or asking questions concerning the ownership of
   63  a firearm or ammunition by the patient or by a family member of
   64  the patient, or the presence of a firearm in a private home or
   65  other domicile of the patient or a family member of the patient.
   66  Notwithstanding this provision, a health care provider or health
   67  care facility that in good faith believes that this information
   68  is relevant to the patient’s medical care or safety may make
   69  such a verbal or written inquiry.
   70         (3) A patient may decline to answer or provide any
   71  information regarding ownership of a firearm by the patient or a
   72  family member of the patient, or the presence of a firearm in
   73  the domicile of the patient or a family member of the patient. A
   74  patient’s decision not to answer a question relating to the
   75  presence or ownership of a firearm does not alter existing law
   76  regarding a physician’s authorization to choose his or her
   77  patients.
   78         (4) A health care provider licensed under chapter 456 or a
   79  health care facility licensed under chapter 395 may not
   80  discriminate against a patient based solely upon the patient’s
   81  exercise of the constitutional right to own and possess firearms
   82  or ammunition.
   83         (5) A health care provider licensed under chapter 456 or a
   84  health care facility licensed under chapter 395 shall respect a
   85  patient’s legal right to own or possess a firearm and should
   86  refrain from unnecessarily harassing a patient about firearm
   87  ownership during an examination.
   88         (6) Violations of the provisions of subsections (1)-(4)
   89  constitute grounds for disciplinary action under ss. 456.072(2)
   90  and 395.1055.
   91         Section 2. Paragraph (b) of subsection (4) of section
   92  381.026, Florida Statutes, is amended to read:
   93         381.026 Florida Patient’s Bill of Rights and
   94  Responsibilities.—
   95         (4) RIGHTS OF PATIENTS.—Each health care facility or
   96  provider shall observe the following standards:
   97         (b) Information.—
   98         1. A patient has the right to know the name, function, and
   99  qualifications of each health care provider who is providing
  100  medical services to the patient. A patient may request such
  101  information from his or her responsible provider or the health
  102  care facility in which he or she is receiving medical services.
  103         2. A patient in a health care facility has the right to
  104  know what patient support services are available in the
  105  facility.
  106         3. A patient has the right to be given by his or her health
  107  care provider information concerning diagnosis, planned course
  108  of treatment, alternatives, risks, and prognosis, unless it is
  109  medically inadvisable or impossible to give this information to
  110  the patient, in which case the information must be given to the
  111  patient’s guardian or a person designated as the patient’s
  112  representative. A patient has the right to refuse this
  113  information.
  114         4. A patient has the right to refuse any treatment based on
  115  information required by this paragraph, except as otherwise
  116  provided by law. The responsible provider shall document any
  117  such refusal.
  118         5. A patient in a health care facility has the right to
  119  know what facility rules and regulations apply to patient
  120  conduct.
  121         6. A patient has the right to express grievances to a
  122  health care provider, a health care facility, or the appropriate
  123  state licensing agency regarding alleged violations of patients’
  124  rights. A patient has the right to know the health care
  125  provider’s or health care facility’s procedures for expressing a
  126  grievance.
  127         7. A patient in a health care facility who does not speak
  128  English has the right to be provided an interpreter when
  129  receiving medical services if the facility has a person readily
  130  available who can interpret on behalf of the patient.
  131         8. A health care provider or health care facility shall
  132  respect a patient’s right to privacy and should refrain from
  133  making a written inquiry or asking questions concerning the
  134  ownership of a firearm or ammunition by the patient or by a
  135  family member of the patient, or the presence of a firearm in a
  136  private home or other domicile of the patient or a family member
  137  of the patient. Notwithstanding this provision, a health care
  138  provider or health care facility that in good faith believes
  139  that this information is relevant to the patient’s medical care
  140  or safety may make such a verbal or written inquiry.
  141         9. A patient may decline to answer or provide any
  142  information regarding ownership of a firearm by the patient or a
  143  family member of the patient, or the presence of a firearm in
  144  the domicile of the patient or a family member of the patient. A
  145  patient’s decision not to answer a question relating to the
  146  presence or ownership of a firearm does not alter existing law
  147  regarding a physician’s authorization to choose his or her
  148  patients.
  149         10. A health care provider or health care facility may not
  150  discriminate against a patient based solely upon the patient’s
  151  exercise of the constitutional right to own and possess firearms
  152  or ammunition.
  153         11. A health care provider or health care facility shall
  154  respect a patient’s legal right to own or possess a firearm and
  155  should refrain from unnecessarily harassing a patient about
  156  firearm ownership during an examination.
  157         Section 3. Subsection (mm) is added to subsection (1) of
  158  section 456.072, Florida Statutes, to read:
  159         456.072 Grounds for discipline; penalties; enforcement.—
  160         (1) The following acts shall constitute grounds for which
  161  the disciplinary actions specified in subsection (2) may be
  162  taken:
  163         (mm) Violating any of the provisions of s. 790.338.
  164         Section 4. An insurer issuing any type of insurance policy
  165  pursuant to chapter 627, Florida Statutes, may not deny coverage
  166  or increase any premium, or otherwise discriminate against any
  167  insured or applicant for insurance, on the basis of or upon
  168  reliance upon the lawful ownership or possession of a firearm or
  169  ammunition or the lawful use or storage of a firearm or
  170  ammunition.
  171         Section 5. This act shall take effect upon becoming a law.