Bill Text: FL S0314 | 2013 | Regular Session | Introduced
Bill Title: Privacy of Firearm Owners
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Criminal Justice [S0314 Detail]
Download: Florida-2013-S0314-Introduced.html
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 Section 790.338, Florida Statutes, is repealed. 28 Section 2.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. 688. A health care provider or health care facility shall69respect a patient’s right to privacy and should refrain from70making a written inquiry or asking questions concerning the71ownership of a firearm or ammunition by the patient or by a72family member of the patient, or the presence of a firearm in a73private home or other domicile of the patient or a family member74of the patient. Notwithstanding this provision, a health care75provider or health care facility that in good faith believes76that this information is relevant to the patient’s medical care77or safety, or safety of others, may make such a verbal or78written inquiry.799. A patient may decline to answer or provide any80information regarding ownership of a firearm by the patient or a81family member of the patient, or the presence of a firearm in82the domicile of the patient or a family member of the patient. A83patient’s decision not to answer a question relating to the84presence or ownership of a firearm does not alter existing law85regarding a physician’s authorization to choose his or her86patients.8710. A health care provider or health care facility may not88discriminate against a patient based solely upon the patient’s89exercise of the constitutional right to own and possess firearms90or ammunition.9111. A health care provider or health care facility shall92respect a patient’s legal right to own or possess a firearm and93should refrain from unnecessarily harassing a patient about94firearm 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.