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Action Packet — Professions & Public Health Subcommittee (February 14, 2022)

Summary

Action packet for the Professions & Public Health Subcommittee meeting of Monday, February 14, 2022, at 4:00 PM in Webster Hall (212 Knott). The notice lists PCS for HB 131 (Military Medics and Corpsmen of Florida Program), PCS for HB 543 (Uterine Fibroid Research and Education) and PCS for HB 687 (Free Speech of Health Care Practitioners). The meeting report records PCS for HB 131 as Favorable on 14 yeas and 0 nays, PCS for HB 543 as Favorable on 15 yeas and 0 nays, and PCS for HB 687 as Favorable on 12 yeas and 5 nays. Amendment h0687-line13 and Amendment h0687-line17 are recorded as Failed to Adopt.

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Cite this document

“Action Packet — Professions & Public Health Subcommittee (February 14, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-14-3093-professions-public-health-subcommittee-action-packets-2be22428f9/, SHA-256 35e3f7979e08d698c366c33d9280a046fe480a5b97de1637c3752e07ce9d0aff.

Full text

           Professions and Public Health
                  Subcommittee
                 Monday, February 14, 2022
                    4:00 PM – 6:00 PM
                  Webster Hall (212 Knott)


                       Action Packet




Chris Sprowls                                Will Robinson
Speaker                                              Chair
                                         Committee Meeting Notice
                                              HOUSE OF REPRESENTATIVES




                                    Professions & Public Health Subcommittee

Start Date and Time:               Monday, February 14, 2022 04:00 pm

End Date and Time:                 Monday, February 14, 2022 06:00 pm

Location:                          Webster Hall (212 Knott)
Duration:                          2.00 hrs


Consideration of the following proposed committee substitute(s):

PCS for HB 131 -- Military Medics and Corpsmen of Florida Program
PCS for HB 543 -- Uterine Fibroid Research and Education
PCS for HB 687 -- Free Speech of Health Care Practitioners



For information about attending or testifying at a committee meeting, please see the “Visiting the House”
tab at www.myfloridahouse.gov.




                              NOTICE FINALIZED on 02/10/2022 4:12PM by Osborne.Erin


02/10/2022     04:12:55PM                                    Leagis ®                                       Page 1 of 1
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                         2/14/2022      4:00PM
Location: Webster Hall (212 Knott)

Summary:
Professions & Public Health Subcommittee

Monday February 14, 2022 04:00 pm


PCS for HB 131      Favorable                                                                           Yeas: 14    Nays: 0


PCS for HB 543      Favorable                                                                           Yeas: 15    Nays: 0


PCS for HB 687      Favorable                                                                           Yeas: 12    Nays: 5
       Amendment h0687-line13          Failed to Adopt                                                  Yeas: 5    Nays: 11

       Amendment h0687-line17          Failed to Adopt




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                           Page 1 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022          4:00PM
Location: Webster Hall (212 Knott)

Attendance:

                                                                  Present              Absent           Excused

 William Robinson (Chair)                                            X
 Robert Andrade                                                      X
 Kristen Arrington                                                   X
 David Borrero                                                       X
 Anna Eskamani                                                       X
 Juan Fernandez-Barquin                                              X
 Sam Garrison                                                        X
 Michael Gottlieb                                                    X
 Randall Maggard                                                     X
 Stan McClain                                                        X
 Michele Rayner                                                                                            X
 Alex Rizo                                                           X
 Bob Rommel                                                          X
 Tyler Sirois                                                        X
 Kelly Skidmore                                                      X
 Carlos Smith                                                        X
 John Snyder                                                         X
 Kaylee Tuck                                                         X

 Totals:                                                             17                   0                1




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                          Page 2 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 131 : Military Medics and Corpsmen of Florida Program

  X    Favorable

                                                       Yea            Nay          No Vote       Absentee   Absentee
                                                                                                   Yea        Nay

  Robert Andrade                                        X
  Kristen Arrington                                     X
  David Borrero                                         X
  Anna Eskamani                                         X
  Juan Fernandez-Barquin                                X
  Sam Garrison                                                                        X
  Michael Gottlieb                                                                    X
  Randall Maggard                                       X
  Stan McClain                                          X
  Michele Rayner                                                                      X
  Alex Rizo                                             X
  Bob Rommel                                            X
  Tyler Sirois                                                                        X
  Kelly Skidmore                                        X
  Carlos Smith                                          X
  John Snyder                                           X
  Kaylee Tuck                                           X
  William Robinson (Chair)                              X

                                          Total Yeas: 14         Total Nays: 0




Appearances:

Helmich, William (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 American Legion, Department of Florida, Inc, The
 120 S Monroe St
 Tallahassee FL
 Phone: (850) 251-3126

Helmich, William (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Veterans of Foreign Wars, Department of Florida
 120 S Monroe St
 Tallahassee FL
 Phone: (850) 251-3126

Herndon, Matthew (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 United Way of Broward County
 1177 Venetian Harbor Dr NE
 St Petersburg FL
 Phone: (941) 704-2793

Herndon, Matthew (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 United Way Suncoast
 1177 Venetian Harbor Dr NE
 St Petersburg FL
 Phone: (941) 704-2793



                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                               Page 3 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 131 : Military Medics and Corpsmen of Florida Program (continued)

Appearances: (continued)

rodriguez, ariadne (General Public) - Waive In Support
  5723 Yeats Manor Dr UNIT 202
  Tampa FL 33616
  Phone: 8137313684

Jimmie T Smith (State Employee) - Waive In Support
  Concerned Veterans for America
  Coalition Director

Major General "Hammer" Hartsell (Lobbyist) (State Employee) - Waive In Support
 Florida Department of Veteran Affairs
 Executive Director
 400 S. Monroe St. Ste. 2105
 Tallahassee FL 32399
 Phone: 850-487-1533




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                Page 4 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 543 : Uterine Fibroid Research and Education

  X    Favorable

                                                       Yea            Nay          No Vote       Absentee   Absentee
                                                                                                   Yea        Nay

  Robert Andrade                                        X
  Kristen Arrington                                     X
  David Borrero                                         X
  Anna Eskamani                                         X
  Juan Fernandez-Barquin                                X
  Sam Garrison                                                                        X
  Michael Gottlieb                                                                    X
  Randall Maggard                                       X
  Stan McClain                                          X
  Michele Rayner                                                                      X
  Alex Rizo                                             X
  Bob Rommel                                            X
  Tyler Sirois                                          X
  Kelly Skidmore                                        X
  Carlos Smith                                          X
  John Snyder                                           X
  Kaylee Tuck                                           X
  William Robinson (Chair)                              X

                                          Total Yeas: 15         Total Nays: 0




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                               Page 5 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 687 : Free Speech of Health Care Practitioners

  X    Favorable

                                                       Yea            Nay          No Vote       Absentee   Absentee
                                                                                                   Yea        Nay

  Robert Andrade                                        X
  Kristen Arrington                                                    X
  David Borrero                                         X
  Anna Eskamani                                                        X
  Juan Fernandez-Barquin                                X
  Sam Garrison                                          X
  Michael Gottlieb                                                     X
  Randall Maggard                                       X
  Stan McClain                                          X
  Michele Rayner                                                                      X
  Alex Rizo                                             X
  Bob Rommel                                            X
  Tyler Sirois                                          X
  Kelly Skidmore                                                       X
  Carlos Smith                                                         X
  John Snyder                                           X
  Kaylee Tuck                                           X
  William Robinson (Chair)                              X

                                          Total Yeas: 12         Total Nays: 5



PCS for HB 687 Amendments

Amendment h0687-line13

   X   Failed to Adopt

                                                       Yea           Nay          No Vote       Absentee    Absentee
                                                                                                  Yea         Nay

   Robert Andrade                                                      X
   Kristen Arrington                                    X
   David Borrero                                                       X
   Anna Eskamani                                        X
   Juan Fernandez-Barquin                                                            X
   Sam Garrison                                                        X
   Michael Gottlieb                                     X
   Randall Maggard                                                     X
   Stan McClain                                                        X
   Michele Rayner                                                                    X
   Alex Rizo                                                           X
   Bob Rommel                                                          X
   Tyler Sirois                                                        X
   Kelly Skidmore                                       X
   Carlos Smith                                         X
   John Snyder                                                         X


                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                               Page 6 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 687 : Free Speech of Health Care Practitioners (continued)

PCS for HB 687 Amendments (continued)
   Kaylee Tuck                                                         X
   William Robinson (Chair)                                            X

                                          Total Yeas: 5          Total Nays: 11



Amendment h0687-line17

   X   Failed to Adopt




Appearances:

Akey, MD, Angeli (General Public) - Proponent
 North Florida Integrative Medicine- my private medical practice
 8108 Southwest 10th Place
 Gainesville FL 32607
 Phone: 3523161686

Gross, Kara (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Opposition
 American Civil Liberties Union of Florida
 Legislative Director & Senior Policy Counsel
 4343 West Flagler Street Suite 400
 Miami FL
 Phone: (850) 347-6994

Nuland, Christopher (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Florida Society of Dermatology & Dermatologic Surgery
 1000 Riverside Ave Ste 240
 Jacksonville FL
 Phone: (904) 355-1555

Rudman, Joel (General Public) - Proponent
 M.D.
 1933 Cardinal Lane
 Navarre FL 32566
 Phone: 8509393999

Rudman, Sophie (General Public) - Waive In Support
 1933 Cardinal Lane
 Navarre FL 32566
 Phone: 8509393999

Simpson, Steve (General Public) - Proponent
  Mr.
  8744 Greenridge Ln
  Tallahassee FL 32312
  Phone: 850-524-5257




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                Page 7 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 687 : Free Speech of Health Care Practitioners (continued)

Appearances: (continued)

Ward, Jon (General Public) - Proponent
 Emerald Coast Medical Association
 MD
 364 Cannonball Ln
 Inlet Beach FL 32461
 Phone: 8508677503

Zonia, Carolynn (General Public) - Opponent
 Self as a Physician
 Dr.
 620 FLATWOODS FOREST LOOP
 SANTA ROSA BEACH FL 32459
 Phone: 8507143793

Ellen W. McKnight - Proponent
  20 Highpoint Dr.
  Gulf Breeze FL 32561
  Phone: 850-380-3672

Maurer, Jon Harris (Lobbyist) - Opponent
 Equality Florida
 201 East Park Avenue Suite 200A
 Tallahassee FL 32301-1591
 Phone: (850) 681-0980

John Littell, MD - Proponent
  International Alliance of Physicians
  Family Physician
  300 Park Place Blvd.
  Kissimmee FL 34741
  Phone: 407-343-1711

Anastasia Hochenberger - Proponent
 Self/North Florida Integrative Medicine
 6228 NW 43rd St.
 Gainesville FL 32653
 Phone: 772-285-2489

Tiana DiMarco - Proponent
  Self/North Florida Integrative Medicine
  6228 NW 43rd St.
  Gainesville FL 32653
  Phone: 407-247-3445

Parker Smith - Proponent
 Self/North Florida Integrative Medicine
 6228 NW 43rd St.
 Gainesville FL 32653
 Phone: 904-556-0850




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                Page 8 of 9
                                            COMMITTEE MEETING REPORT
                                       Professions & Public Health Subcommittee
                                                       2/14/2022        4:00PM
Location: Webster Hall (212 Knott)
PCS for HB 687 : Free Speech of Health Care Practitioners (continued)

Appearances: (continued)

Shivani Patel - Proponent
 Self/North Florida Integrative Medicine
 6228 NW 43rd St
 Gainesville FL 32653
 Phone: 904-446-7722

Sophia Piniella - Proponent
 Dr. Diane Gowski
 President of the Florida Catholic Medical Assoc.
 Phone: 813-505-7899

DiPietro, Aaron (Lobbyist) - Proponent
 Florida Family Policy Council, Inc.
 4853 S Orange Ave
 Orlando FL 32806-6961
 Phone: (904) 608-4471

Eskamani, Ida (Lobbyist) - Waive In Opposition
 Florida Rising
 3416 Moncrief Rd Ste 201 Suite 201
 Jacksonville FL 32209-4340
 Phone: (407) 376-4801

DeVane, Barbara (Lobbyist) - Waive In Opposition
 Florida National Organization for Women, Inc
 625 E Brevard St
 Tallahassee FL 32308
 Phone: 687-641-1530

Alexandra Wolfe - Proponent
  100 Doctors Dr. Suite C
  P.C. FL
  Phone: 850-814-8400

Waneda Wolfe - Waive In Support
 100 Doctors Dr. Ste C
 Panama City FL 32405
 Phone: 850-814-8400




                               Committee meeting was reported out: Monday, February 14, 2022   6:09PM


 Print Date: 02/14/2022 06:09 pm                                Leagis ®                                Page 9 of 9
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 687    (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                           (Y/N)
       ADOPTED AS AMENDED                (Y/N)
       ADOPTED W/O OBJECTION             (Y/N)
       FAILED TO ADOPT               Y   (Y/N)
       WITHDRAWN                         (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Professions & Public
2      Health Subcommittee
3      Representative Smith, C. offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 17-33 and insert:
7           456.61    Use of free speech by a health care practitioner or
8      an employee of the department; prohibition.—A board within the
9      jurisdiction of the department, the department if there is no
10     board, or a recognizing agency approved by the board under rule
11     64B15-14.001, Florida Administrative Code:
12          (1)     May not reprimand, sanction, or revoke or threaten to
13     revoke a license, certificate, or registration of a health care
14     practitioner or reprimand, sanction, or terminate employment of
15     an employee of the department for exercising his or her
16     constitutional right of free speech, including, but not limited
     h0687-line17
      Published On: 2/14/2022 5:07:29 PM
                                     Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687     (2022)
       Amendment No. 1


17     to, speech through the use of a social media platform as defined
18     in s. 501.2041(1), unless such entities prove beyond a
19     reasonable doubt that the use of free speech:
20          (a)     By the health care practitioner led to the direct
21     physical harm of a person with whom the health care practitioner
22     had a practitioner-patient relationship within the 3 years
23     immediately preceding the incident of physical harm.
24          (b)     By an employee of the department led to the direct
25     physical harm of a person.
26          (2)     Must provide to a health care practitioner or an
27     employee of the department with any complaints received for
28     which actions may be in order
29
30           -----------------------------------------------------
31                          T I T L E   A M E N D M E N T
32          Remove lines 2-9 and insert:
33          An act relating to health care associated free speech;
34          creating s. 456.61, F.S.; prohibiting certain entities
35          from reprimanding, sanctioning, or revoking or
36          threatening to revoke a license, certificate, or
37          registration of a health care practitioner or
38          reprimanding, sanctioning, or terminating employment
39          of an employee of the Department of Health for
40          specified use of his or her right of free speech
41          without specified proof; requiring certain entities to
     h0687-line17
      Published On: 2/14/2022 5:07:29 PM
                                     Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 687   (2022)
       Amendment No. 1


42          provide to a health care practitioner or an employee
43          of the department any




     h0687-line17
      Published On: 2/14/2022 5:07:29 PM
                                    Page 3 of 3
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 687    (2022)
       Amendment No. 2




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                           (Y/N)
       ADOPTED AS AMENDED                (Y/N)
       ADOPTED W/O OBJECTION             (Y/N)
       FAILED TO ADOPT               Y   (Y/N)
       WITHDRAWN                         (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Professions & Public
 2     Health Subcommittee
 3     Representative Smith, C. offered the following:
 4
 5          Amendment (with title amendment)
 6          Between lines 14 and 15, insert:
 7          Section 1.    Paragraph (b) of subsection (4) of section
 8     381.026, Florida Statutes, is amended to read:
 9          381.026    Florida Patient's Bill of Rights and
10     Responsibilities.—
11          (4)     RIGHTS OF PATIENTS.—Each health care facility or
12     provider shall observe the following standards:
13          (b)     Information.—
14          1.    A patient has the right to know the name, function, and
15     qualifications of each health care provider who is providing
16     medical services to the patient. A patient may request such
     h0687-line13
      Published On: 2/14/2022 5:09:19 PM
                                     Page 1 of 7
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 687     (2022)
       Amendment No. 2


17     information from his or her responsible provider or the health
18     care facility in which he or she is receiving medical services.
19          2.    A patient in a health care facility has the right to
20     know what patient support services are available in the
21     facility.
22          3.    A patient has the right to be given by his or her
23     health care provider information concerning diagnosis, planned
24     course of treatment, alternatives, risks, and prognosis, unless
25     it is medically inadvisable or impossible to give this
26     information to the patient, in which case the information must
27     be given to the patient's guardian or a person designated as the
28     patient's representative. A patient has the right to refuse this
29     information.
30          4.    A patient has the right to refuse any treatment based
31     on information required by this paragraph, except as otherwise
32     provided by law. The responsible provider shall document any
33     such refusal.
34          5.    A patient in a health care facility has the right to
35     know what facility rules and regulations apply to patient
36     conduct.
37          6.    A patient has the right to express grievances to a
38     health care provider, a health care facility, or the appropriate
39     state licensing agency regarding alleged violations of patients'
40     rights. A patient has the right to know the health care


     h0687-line13
      Published On: 2/14/2022 5:09:19 PM
                                    Page 2 of 7
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687   (2022)
       Amendment No. 2


41     provider's or health care facility's procedures for expressing a
42     grievance.
43          7.     A patient in a health care facility who does not speak
44     English has the right to be provided an interpreter when
45     receiving medical services if the facility has a person readily
46     available who can interpret on behalf of the patient.
47          8.   A health care provider or health care facility shall
48     respect a patient's right to privacy and should refrain from
49     making a written inquiry or asking questions concerning the
50     ownership of a firearm or ammunition by the patient or by a
51     family member of the patient, or the presence of a firearm in a
52     private home or other domicile of the patient or a family member
53     of the patient. Notwithstanding this provision, a health care
54     provider or health care facility that in good faith believes
55     that this information is relevant to the patient's medical care
56     or safety, or safety of others, may make such a verbal or
57     written inquiry.
58          8.9.    A patient may decline to answer or provide any
59     information regarding ownership of a firearm by the patient or a
60     family member of the patient, or the presence of a firearm in
61     the domicile of the patient or a family member of the patient. A
62     patient's decision not to answer a question relating to the
63     presence or ownership of a firearm does not alter existing law
64     regarding a physician's authorization to choose his or her
65     patients.
     h0687-line13
      Published On: 2/14/2022 5:09:19 PM
                                     Page 3 of 7
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687   (2022)
       Amendment No. 2


66          9.10.     A health care provider or health care facility may
67     not discriminate against a patient based solely upon the
68     patient's exercise of the constitutional right to own and
69     possess firearms or ammunition.
70          11.     A health care provider or health care facility shall
71     respect a patient's legal right to own or possess a firearm and
72     should refrain from unnecessarily harassing a patient about
73     firearm ownership during an examination.
74          Section 2.     Section 790.338, Florida Statutes, is amended
75     to read:
76          790.338     Medical privacy concerning firearms;
77     discrimination prohibitions; penalties; exceptions.—
78          (1)     A health care practitioner licensed under chapter 456
79     or a health care facility licensed under chapter 395 may not
80     intentionally enter any disclosed information concerning firearm
81     ownership into the patient's medical record if the practitioner
82     knows that such information is not relevant to the patient's
83     medical care or safety, or the safety of others.
84          (2)     A health care practitioner licensed under chapter 456
85     or a health care facility licensed under chapter 395 shall
86     respect a patient's right to privacy and should refrain from
87     making a written inquiry or asking questions concerning the
88     ownership of a firearm or ammunition by the patient or by a
89     family member of the patient, or the presence of a firearm in a
90     private home or other domicile of the patient or a family member
     h0687-line13
      Published On: 2/14/2022 5:09:19 PM
                                     Page 4 of 7
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687    (2022)
        Amendment No. 2


 91     of the patient. Notwithstanding this provision, a health care
 92     practitioner or health care facility that in good faith believes
 93     that this information is relevant to the patient's medical care
 94     or safety, or the safety of others, may make such a verbal or
 95     written inquiry.
 96          (1)(3)   Any emergency medical technician or paramedic
 97     acting under the supervision of an emergency medical services
 98     medical director under chapter 401 may make an inquiry
 99     concerning the possession or presence of a firearm if he or she,
100     in good faith, believes that information regarding the
101     possession of a firearm by the patient or the presence of a
102     firearm in the home or domicile of a patient or a patient's
103     family member is necessary to treat a patient during the course
104     and scope of a medical emergency or that the presence or
105     possession of a firearm would pose an imminent danger or threat
106     to the patient or others.
107          (2)(4)   A patient may decline to answer or provide any
108     information regarding ownership of a firearm by the patient or a
109     family member of the patient, or the presence of a firearm in
110     the domicile of the patient or a family member of the patient. A
111     patient's decision not to answer a question relating to the
112     presence or ownership of a firearm does not alter existing law
113     regarding a physician's authorization to choose his or her
114     patients.


      h0687-line13
       Published On: 2/14/2022 5:09:19 PM
                                    Page 5 of 7
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 687   (2022)
        Amendment No. 2


115          (3)(5)    A health care practitioner licensed under chapter
116     456 or a health care facility licensed under chapter 395 may not
117     discriminate against a patient based solely upon the patient's
118     exercise of the constitutional right to own and possess firearms
119     or ammunition.
120          (6)     A health care practitioner licensed under chapter 456
121     or a health care facility licensed under chapter 395 shall
122     respect a patient's legal right to own or possess a firearm and
123     should refrain from unnecessarily harassing a patient about
124     firearm ownership during an examination.
125          (4)(7)    An insurer issuing any type of insurance policy
126     pursuant to chapter 627 may not deny coverage, increase any
127     premium, or otherwise discriminate against any insured or
128     applicant for insurance on the basis of or upon reliance upon
129     the lawful ownership or possession of a firearm or ammunition or
130     the lawful use or storage of a firearm or ammunition. Nothing
131     herein shall prevent an insurer from considering the fair market
132     value of firearms or ammunition in the setting of premiums for
133     scheduled personal property coverage.
134          (5)(8)    Violations of the provisions of subsections (1) and
135     (2) (1)-(4) constitute grounds for disciplinary action under ss.
136     456.072(2) and 395.1055.
137
138
139           -----------------------------------------------------
      h0687-line13
       Published On: 2/14/2022 5:09:19 PM
                                      Page 6 of 7
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687   (2022)
        Amendment No. 2


140                       T I T L E   A M E N D M E N T
141          Remove lines 2-3 and insert:
142          An act relating to medical privacy and free speech in
143          a health care setting; amending s. 381.026, F.S.;
144          conforming provisions in the Florida Patient's Bill of
145          Rights and Responsibilities to changes made by the
146          act; amending s. 790.338, F.S.; deleting provisions
147          relating to patient firearm ownership recordkeeping,
148          inquiry, and harassment by heath care practitioners
149          and facilities; creating s. 456.61, F.S.; prohibiting




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       Published On: 2/14/2022 5:09:19 PM
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