Bill Text: FL S1518 | 2017 | Regular Session | Introduced
Bill Title: Medical Privacy Concerning Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Health Policy [S1518 Detail]
Download: Florida-2017-S1518-Introduced.html
Florida Senate - 2017 SB 1518
By Senator Farmer
34-01634A-17 20171518__
1 A bill to be entitled
2 An act relating to medical privacy concerning
3 firearms; amending s. 790.338, F.S.; deleting a
4 provision preventing a health care practitioner or
5 facility from entering disclosed information
6 concerning patient firearm ownership into a patient’s
7 medical record under certain circumstances; deleting a
8 provision preventing a health care practitioner or
9 facility from making a written inquiry or asking
10 questions concerning a patient’s ownership of firearms
11 or ammunition under certain circumstances; amending s.
12 381.026, F.S.; conforming provisions in the Florida
13 Patient’s Bill of Rights and Responsibilities to
14 changes made by the act; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 790.338, Florida Statutes, is amended to
19 read:
20 790.338 Medical privacy concerning firearms; discrimination
21 prohibitions; penalties; exceptions.—
22 (1) A health care practitioner licensed under chapter 456
23 or a health care facility licensed under chapter 395 may not
24 intentionally enter any disclosed information concerning firearm
25 ownership into the patient’s medical record if the practitioner
26 knows that such information is not relevant to the patient’s
27 medical care or safety, or the safety of others.
28 (2) A health care practitioner licensed under chapter 456
29 or a health care facility licensed under chapter 395 shall
30 respect a patient’s right to privacy and should refrain from
31 making a written inquiry or asking questions concerning the
32 ownership of a firearm or ammunition by the patient or by a
33 family member of the patient, or the presence of a firearm in a
34 private home or other domicile of the patient or a family member
35 of the patient. Notwithstanding this provision, a health care
36 practitioner or health care facility that in good faith believes
37 that this information is relevant to the patient’s medical care
38 or safety, or the safety of others, may make such a verbal or
39 written inquiry.
40 (1)(3) Any emergency medical technician or paramedic acting
41 under the supervision of an emergency medical services medical
42 director under chapter 401 may make an inquiry concerning the
43 possession or presence of a firearm if he or she, in good faith,
44 believes that information regarding the possession of a firearm
45 by the patient or the presence of a firearm in the home or
46 domicile of a patient or a patient’s family member is necessary
47 to treat a patient during the course and scope of a medical
48 emergency or that the presence or possession of a firearm would
49 pose an imminent danger or threat to the patient or others.
50 (2)(4) A patient may decline to answer or provide any
51 information regarding ownership of a firearm by the patient or a
52 family member of the patient, or the presence of a firearm in
53 the domicile of the patient or a family member of the patient. A
54 patient’s decision not to answer a question relating to the
55 presence or ownership of a firearm does not alter existing law
56 regarding a physician’s authorization to choose his or her
57 patients.
58 (3)(5) A health care practitioner licensed under chapter
59 456 or a health care facility licensed under chapter 395 may not
60 discriminate against a patient based solely upon the patient’s
61 exercise of the constitutional right to own and possess firearms
62 or ammunition.
63 (6) A health care practitioner licensed under chapter 456
64 or a health care facility licensed under chapter 395 shall
65 respect a patient’s legal right to own or possess a firearm and
66 should refrain from unnecessarily harassing a patient about
67 firearm ownership during an examination.
68 (4)(7) An insurer issuing any type of insurance policy
69 pursuant to chapter 627 may not deny coverage, increase any
70 premium, or otherwise discriminate against any insured or
71 applicant for insurance on the basis of or upon reliance upon
72 the lawful ownership or possession of a firearm or ammunition or
73 the lawful use or storage of a firearm or ammunition. Nothing
74 herein shall prevent an insurer from considering the fair market
75 value of firearms or ammunition in the setting of premiums for
76 scheduled personal property coverage.
77 (5)(8) Violations of the provisions of subsections (1) and
78 (2) (1)-(4) constitute grounds for disciplinary action under ss.
79 456.072(2) and 395.1055.
80 Section 2. Paragraph (b) of subsection (4) of section
81 381.026, Florida Statutes, is amended to read:
82 381.026 Florida Patient’s Bill of Rights and
83 Responsibilities.—
84 (4) RIGHTS OF PATIENTS.—Each health care facility or
85 provider shall observe the following standards:
86 (b) Information.—
87 1. A patient has the right to know the name, function, and
88 qualifications of each health care provider who is providing
89 medical services to the patient. A patient may request such
90 information from his or her responsible provider or the health
91 care facility in which he or she is receiving medical services.
92 2. A patient in a health care facility has the right to
93 know what patient support services are available in the
94 facility.
95 3. A patient has the right to be given by his or her health
96 care provider information concerning diagnosis, planned course
97 of treatment, alternatives, risks, and prognosis, unless it is
98 medically inadvisable or impossible to give this information to
99 the patient, in which case the information must be given to the
100 patient’s guardian or a person designated as the patient’s
101 representative. A patient has the right to refuse this
102 information.
103 4. A patient has the right to refuse any treatment based on
104 information required by this paragraph, except as otherwise
105 provided by law. The responsible provider shall document any
106 such refusal.
107 5. A patient in a health care facility has the right to
108 know what facility rules and regulations apply to patient
109 conduct.
110 6. A patient has the right to express grievances to a
111 health care provider, a health care facility, or the appropriate
112 state licensing agency regarding alleged violations of patients’
113 rights. A patient has the right to know the health care
114 provider’s or health care facility’s procedures for expressing a
115 grievance.
116 7. A patient in a health care facility who does not speak
117 English has the right to be provided an interpreter when
118 receiving medical services if the facility has a person readily
119 available who can interpret on behalf of the patient.
120 8. A health care provider or health care facility shall
121 respect a patient’s right to privacy and should refrain from
122 making a written inquiry or asking questions concerning the
123 ownership of a firearm or ammunition by the patient or by a
124 family member of the patient, or the presence of a firearm in a
125 private home or other domicile of the patient or a family member
126 of the patient. Notwithstanding this provision, a health care
127 provider or health care facility that in good faith believes
128 that this information is relevant to the patient’s medical care
129 or safety, or safety of others, may make such a verbal or
130 written inquiry.
131 8.9. A patient may decline to answer or provide any
132 information regarding ownership of a firearm by the patient or a
133 family member of the patient, or the presence of a firearm in
134 the domicile of the patient or a family member of the patient. A
135 patient’s decision not to answer a question relating to the
136 presence or ownership of a firearm does not alter existing law
137 regarding a physician’s authorization to choose his or her
138 patients.
139 9.10. A health care provider or health care facility may
140 not discriminate against a patient based solely upon the
141 patient’s exercise of the constitutional right to own and
142 possess firearms or ammunition.
143 11. A health care provider or health care facility shall
144 respect a patient’s legal right to own or possess a firearm and
145 should refrain from unnecessarily harassing a patient about
146 firearm ownership during an examination.
147 Section 3. This act shall take effect upon becoming a law.
