Bill Text: FL H0155 | 2011 | Regular Session | Comm Sub


Bill Title: Privacy of Firearm Owners

Status: (Engrossed - Dead) 2011-04-29 - Ordered enrolled -HJ 961 [H0155 Detail]

Download: Florida-2011-H0155-Comm_Sub.html
CS/CS/HB 155

1
A bill to be entitled
2An act relating to the privacy of firearm owners; creating
3s. 790.338, F.S.; providing that a licensed medical care
4practitioner or health care facility may not record
5information regarding firearm ownership in a patient's
6medical record; providing an exception for relevance of
7the information to the patient's medical care or safety or
8the safety of others; providing that unless the
9information is relevant to the patient's medical care or
10safety or the safety of others, inquiries regarding
11firearm ownership or possession should not be made by
12licensed health care practitioners or health care
13facilities; providing an exception for emergency medical
14technicians and paramedics; providing that a patient may
15decline to provide information regarding the ownership or
16possession of firearms; clarifying that a physician's
17authority to choose his or her patients is not altered by
18the act; prohibiting discrimination by licensed health
19care practitioners or facilities based solely upon a
20patient's firearm ownership or possession; prohibiting
21harassment of a patient regarding firearm ownership by a
22licensed health care practitioner or facility during an
23examination; prohibiting denial of insurance coverage,
24increased premiums, or any other form of discrimination by
25insurance companies issuing policies on the basis of an
26insured's or applicant's ownership, possession, or storage
27of firearms or ammunition; clarifying that an insurer is
28not prohibited from considering the fair market value of
29firearms or ammunition in setting personal property
30coverage premiums; providing for disciplinary action;
31amending s. 381.026, F.S.; providing that unless the
32information is relevant to the patient's medical care or
33safety, or the safety of others, inquiries regarding
34firearm ownership or possession should not be made by
35licensed health care providers or health care facilities;
36providing that a patient may decline to provide
37information regarding the ownership or possession of
38firearms; clarifying that a physician's authority to
39choose his or her patients is not altered by the act;
40prohibiting discrimination by licensed health care
41providers or health care facilities based solely upon a
42patient's firearm ownership or possession; prohibiting
43harassment of a patient regarding firearm ownership during
44an examination by a licensed health care provider or
45health care facility; amending s. 456.072, F.S.; including
46the violation of the provisions of s. 790.338, F.S., as
47grounds for disciplinary action; providing an effective
48date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 790.338, Florida Statutes, is created
53to read:
54     790.338  Medical privacy concerning firearms; prohibitions;
55penalties, exceptions.-
56     (1)  A health care practitioner licensed under chapter 456
57or a health care facility licensed under chapter 395 may not
58intentionally enter any disclosed information concerning firearm
59ownership into the patient's medical record if the practitioner
60knows that such information is not relevant to the patient's
61medical care or safety, or the safety of others.
62     (2)  A health care practitioner licensed under chapter 456
63or a health care facility licensed under chapter 395 shall
64respect a patient's right to privacy and should refrain from
65making a written inquiry or asking questions concerning the
66ownership of a firearm or ammunition by the patient or by a
67family member of the patient, or the presence of a firearm in a
68private home or other domicile of the patient or a family member
69of the patient. Notwithstanding this provision, a health care
70practitioner or health care facility that in good faith believes
71that this information is relevant to the patient's medical care
72or safety, or the safety of others, may make such a verbal or
73written inquiry.
74     (3)  Any emergency medical technician or paramedic acting
75under the supervision of an emergency medical services medical
76director under chapter 401 may make an inquiry concerning the
77possession or presence of a firearm if he or she, in good faith,
78believes that information regarding the possession of a firearm
79by the patient or the presence of a firearm in the home or
80domicile of a patient or a patient's family member is necessary
81to treat a patient during the course and scope of a medical
82emergency or that the presence or possession of a firearm would
83pose an imminent danger or threat to the patient or others.
84     (4)  A patient may decline to answer or provide any
85information regarding ownership of a firearm by the patient or a
86family member of the patient, or the presence of a firearm in
87the domicile of the patient or a family member of the patient. A
88patient's decision not to answer a question relating to the
89presence or ownership of a firearm does not alter existing law
90regarding a physician's authorization to choose his or her
91patients.
92     (5)  A health care practitioner licensed under chapter 456
93or a health care facility licensed under chapter 395 may not
94discriminate against a patient based solely upon the patient's
95exercise of the constitutional right to own and possess firearms
96or ammunition.
97     (6)  A health care practitioner licensed under chapter 456
98or a health care facility licensed under chapter 395 shall
99respect a patient's legal right to own or possess a firearm and
100should refrain from unnecessarily harassing a patient about
101firearm ownership during an examination.
102     (7)  An insurer issuing any type of insurance policy
103pursuant to chapter 627 may not deny coverage, increase any
104premium, or otherwise discriminate against any insured or
105applicant for insurance on the basis of or upon reliance upon
106the lawful ownership or possession of a firearm or ammunition or
107the lawful use or storage of a firearm or ammunition. Nothing
108herein shall prevent an insurer from considering the fair market
109value of firearms or ammunition in the setting of premiums for
110scheduled personal property coverage.
111     (8)  Violations of the provisions of subsections (1)-(4)
112constitute grounds for disciplinary action under ss. 456.072(2)
113and 395.1055.
114     Section 2.  Paragraph (b) of subsection (4) of section
115381.026, Florida Statutes, is amended to read:
116     381.026  Florida Patient's Bill of Rights and
117Responsibilities.-
118     (4)  RIGHTS OF PATIENTS.-Each health care facility or
119provider shall observe the following standards:
120     (b)  Information.-
121     1.  A patient has the right to know the name, function, and
122qualifications of each health care provider who is providing
123medical services to the patient. A patient may request such
124information from his or her responsible provider or the health
125care facility in which he or she is receiving medical services.
126     2.  A patient in a health care facility has the right to
127know what patient support services are available in the
128facility.
129     3.  A patient has the right to be given by his or her
130health care provider information concerning diagnosis, planned
131course of treatment, alternatives, risks, and prognosis, unless
132it is medically inadvisable or impossible to give this
133information to the patient, in which case the information must
134be given to the patient's guardian or a person designated as the
135patient's representative. A patient has the right to refuse this
136information.
137     4.  A patient has the right to refuse any treatment based
138on information required by this paragraph, except as otherwise
139provided by law. The responsible provider shall document any
140such refusal.
141     5.  A patient in a health care facility has the right to
142know what facility rules and regulations apply to patient
143conduct.
144     6.  A patient has the right to express grievances to a
145health care provider, a health care facility, or the appropriate
146state licensing agency regarding alleged violations of patients'
147rights. A patient has the right to know the health care
148provider's or health care facility's procedures for expressing a
149grievance.
150     7.  A patient in a health care facility who does not speak
151English has the right to be provided an interpreter when
152receiving medical services if the facility has a person readily
153available who can interpret on behalf of the patient.
154     8.  A health care provider or health care facility shall
155respect a patient's right to privacy and should refrain from
156making a written inquiry or asking questions concerning the
157ownership of a firearm or ammunition by the patient or by a
158family member of the patient, or the presence of a firearm in a
159private home or other domicile of the patient or a family member
160of the patient. Notwithstanding this provision, a health care
161provider or health care facility that in good faith believes
162that this information is relevant to the patient's medical care
163or safety, or safety or others, may make such a verbal or
164written inquiry.
165     9.  A patient may decline to answer or provide any
166information regarding ownership of a firearm by the patient or a
167family member of the patient, or the presence of a firearm in
168the domicile of the patient or a family member of the patient. A
169patient's decision not to answer a question relating to the
170presence or ownership of a firearm does not alter existing law
171regarding a physician's authorization to choose his or her
172patients.
173     10.  A health care provider or health care facility may not
174discriminate against a patient based solely upon the patient's
175exercise of the constitutional right to own and possess firearms
176or ammunition.
177     11.  A health care provider or health care facility shall
178respect a patient's legal right to own or possess a firearm and
179should refrain from unnecessarily harassing a patient about
180firearm ownership during an examination.
181     Section 3.  Subsection (mm) is added to subsection (1) of
182section 456.072, Florida Statutes, to read:
183     456.072  Grounds for discipline; penalties; enforcement.-
184     (1)  The following acts shall constitute grounds for which
185the disciplinary actions specified in subsection (2) may be
186taken:
187     (mm)  Violating any of the provisions of s. 790.338.
188     Section 4.  This act shall take effect upon becoming a law.


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