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  1. #1
    Grand Master Know It All OneGuy67's Avatar
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    Default Doctors and Firearms Questions

    There were a couple of earlier discussions about doctors asking questions about firearm ownership of their patients. Apparently, Florida passed a law prohibiting the practice and several doctor groups sued on the basis it restricted the doctors 1st Amendment rights. The law was upheld in the federal appellate court. Thought you all would be interested in the article.

    http://www.miamiherald.com/news/stat...e29245474.html

    "For the second time in little more than a year, a federal appeals court Tuesday upheld a controversial Florida law that restricts doctors from asking questions and recording information about patients’ gun ownership.

    The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors’ First Amendment rights.

    The appeals court last July also upheld the 2011 law but issued a revised ruling Tuesday. After last year’s decision, medical groups continued challenging the law, including asking for a rehearing before the entire Atlanta-based appeals court.

    Dubbed the “docs vs. Glocks” law, the measure includes a series of restrictions on doctors and other health providers. As an example, it seeks to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not “relevant” to patients’ medical care or safety or to the safety of other people.
    As another example, the law says doctors should refrain from asking about gun ownership by patients or family members unless the doctors believe in “good faith” that the information is relevant to medical care or safety. Also, the law seeks to prevent doctors from discriminating against patients or “harassing” them because of owning firearms.

    A federal district judge in 2012 sided with opponents of the law and issued an injunction against it. But the appeals court last July and again Tuesday overturned the injunction.
    “The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,’’ said the majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.

    But Judge Charles Wilson wrote a lengthy dissent arguing that the law violates the First Amendment rights of physicians.

    “Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms,” Wilson wrote. “The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms.”

    The Republican-dominated Legislature and Gov. Rick Scott approved the law after hearing accounts of doctors unnecessarily asking questions about gun ownership or even refusing to continue providing care if such questions were not answered.

    The law subjects healthcare providers to possible sanctions, including fines and loss of license, if they discuss or record information in a patient’s chart about firearms safety that a medical board later determined was not “relevant” or was “unnecessarily harassing.” The law did not define these terms.
    In Tuesday’s majority opinion, Tjoflat repeatedly pointed to instances in which doctors can continue justify asking about firearms, such as in the case of a patient considered at risk of suicide.

    “Thus, a physician may make inquiries as to the firearms-ownership status of any or all patients, so long as he or she does so with the good-faith belief — based on the specifics of the patient’s case — that the inquiry is relevant to the patient’s medical care or safety, or the safety of others,” the majority opinion said. “If, for example, the physician seeks firearm information to suit a personal agenda unrelated to medical care or safety, he or she would not be making a ‘good-faith’ inquiry, and so the act plainly directs him to refrain from inquiring.”

    But Wilson’s dissent raised questions about whether the law stemmed from anecdotal incidents. He also argued that doctors should have the right to ask questions about guns in addressing the well-being of patients.

    “There is nothing to suggest that the doctors’ inquiries or messages regarding firearms were not genuinely believed to be in the patients’ best medical interest when given,” Wilson wrote. “But there is evidence in the legislative history to suggest that the harassment provision [of the law] is designed to prevent these conversations from taking place in the future. That is certainly the result it will achieve. Doctors will largely cease inquiring into and counseling on the topic of firearms, lest they be accused of crossing the line between providing life-saving preventive medical information and promoting an anti-firearm political agenda.”

    Read more here: http://www.miamiherald.com/news/stat...#storylink=cpy
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  2. #2
    Industry Partner BPTactical's Avatar
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    Good, that subject matter is in no way pertinent to my health care needs.
    The most important thing to be learned from those who demand "Equality For All" is that all are not equal...

    Gun Control - seeking a Hardware solution for a Software problem...

  3. #3
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Default

    Once again it's interesting how a "group" feels about the 1st amendment, when it comes to their "Rights" YET................ could give a fuk about someone else IF it goes against their belief. Specifically the Stars n Bars. Then the soon to be on the hit list the DTOM flag. That pesky symbol of freedom from back in oh the 1700's.
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  4. #4
    COAR SpecOps Team Leader theGinsue's Avatar
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    So, when can we get a law like that on the books here in CO?

    Quote Originally Posted by Great-Kazoo View Post
    Once again it's interesting how a "group" feels about the 1st amendment, when it comes to their "Rights" YET................ could give a fuk about someone else IF it goes against their belief. Specifically the Stars n Bars. Then the soon to be on the hit list the DTOM flag. That pesky symbol of freedom from back in oh the 1700's.
    Are you referring to that racist anti-animal rights symbol of hatred and bigotry that perpetuates violence and the desire for armed insurrection? How dare you? I say good day to you sir!

    (Just preparing everyone for the rhetoric that we can expect when the Gadsden flag becomes a target.)
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  5. #5
    High Power Shooter Ramsker's Avatar
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    If my kids' pediatrician has a First Amendment right to ask me or my kids questions about my 2nd Amendment practices, then I have an equal right to ask him to provide me with a report from his ISP on his browsing habits to make sure he's not a pedo or unstable. You know . . . for my children's safety.

    Yeah . . . didn't think they'd go for that. So they can eff off about whether I own guns.

  6. #6
    Varmiteer
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    Why even answer such questions?
    Doc my leg is broken NOT shot,,and none of your damn business.
    So are you gonna REFUSE me treatment?

    Or N/A not applicable,,,, how many golf clubs and balls do you own Doc?
    What kinda car do you drive?
    You got my home address, can I have yours?

  7. #7
    Zombie Slayer
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    Just tell you doctor to ask your lawyer...

  8. #8
    Grand Master Know It All hatidua's Avatar
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    I recently had a fairly comprehensive batch of blood work done and asked my doctor to please check my lead levels while they were at it. She asked if I'd been eating paint off my walls and I simply informed her that I handle bullets and shoot regularly and wanted it checked. She nodded, ticked that box on the form and I had my lead levels back a week later. Doctors are employee's of those who hire them (patients), if a particular doctor has an issue with firearms, there's absolutely no shortage of doctors out there who can step up to the plate and replace them.

    While I used to have a "it's none of their business" take on this matter, I've decided that for the money I spend, I want them to have the whole picture and if they have an issue with it, I'll simply find a different provider.

  9. #9
    QUITTER Irving's Avatar
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    If you're in for stitches and nothing related to guns, a simple "nope" is probably the best answer. When I go to the doctor, I usually NEED to be there and getting myself and the doctor worked up over something easily avoided seems counter productive to being at the doctor in the first place.
    "There are no finger prints under water."

  10. #10
    Man In The Box jhood001's Avatar
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    I have no problem with doctors asking so long as they have no problem with me not answering.

    Questions are harmless.
    One does not bear arms against a rabbit. -- Garry Wills

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