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Committee/Subcommittee Amendment — Bill No. PCS for HB 687 (2022), Amendment No. 2

Issuer
Congressional materials
Document type
2022 3093 Professions Public Health Subcommittee Proposed Committee Bill Amendments Fn H06

Summary

Amendment No. 2 to PCS for HB 687 (2022), a Florida House committee/subcommittee amendment with title amendment offered by Representative Smith, C. before the Professions & Public Health Subcommittee and published February 14, 2022. It inserts a new Section 1 amending section 381.026, Florida Statutes, the Florida Patient's Bill of Rights and Responsibilities, including its paragraphs on patient information and firearm ownership inquiries. A new Section 2 amends section 790.338, Florida Statutes, on medical privacy concerning firearms, covering inquiries by practitioners, emergency medical technicians and paramedics, discrimination, and insurers. The title amendment describes an act relating to medical privacy and free speech in a health care setting that deletes provisions on patient firearm ownership recordkeeping, inquiry and harassment. The document runs 7 pages.

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Cite this document

“Committee/Subcommittee Amendment — Bill No. PCS for HB 687 (2022), Amendment No. 2.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3093-professions-public-health-subcommittee-proposed-committee-bill-amendments-fn-h0687-line13/, SHA-256 14cc93d3c13fc6611abcbedffce0ad358f0f4b6e1c2d0a382d6ea45780bfc3da.

Full text

                                           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/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       WITHDRAWN                        (Y/N)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
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                                           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


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                                           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 p atient 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.
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                                           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 sha ll
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 concern ing 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
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                                            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.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
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        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           -----------------------------------------------------
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                                            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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