11th Circuit Upholds FL Law Prohibiting Doctors from Asking About Guns

[LittleCalm]

Searched but didn't see a thread. Sorry if dupe.

http://news.yahoo.com/federal-court-upholds-fla-docs-vs-glocks-law-213010665.html

While this issue has been discussed a ton here (there are other recent threads on the general topic) and while I hear the 1A arguments, I still think that it is arbitrary that firearms are a topic of focus by docs when there are so many other things that are likely to cause you or your children more harm in your home -- chemicals, swimming pools, knives, electrical outlets, alcohol, prescription and other medications, power tools, the list goes on and on. Firearms are pretty minor when compared to these other potential harms. There are just too many and it is impossible for all these potential issues to be addressed by docs and ultimately need to be the responsibility of the patient. Should docs be commenting on what sport activities you engage in? Should your doc tell you not to go sky diving because it's dangerous? Should he/she tell you not to ride your bicycle on 128? The line has to be drawn somewhere and I think going beyond where it is today is too far. Alcohol and drug abuse cause disease. I get that. So does smoking. But all these other things do not cause disease.

 

[Chevy 2 65]

Searched but didn't see a thread. Sorry if dupe.

http://news.yahoo.com/federal-court-upholds-fla-docs-vs-glocks-law-213010665.html

While this issue has been discussed a ton here (there are other recent threads on the general topic) and while I hear the 1A arguments, I still think that it is arbitrary that firearms are a topic of focus by docs when there are so many other things that are likely to cause you or your children more harm in your home -- chemicals, swimming pools, knives, electrical outlets, alcohol, prescription and other medications, power tools, the list goes on and on. Firearms are pretty minor when compared to these other potential harms. There are just too many and it is impossible for all these potential issues to be addressed by docs and ultimately need to be the responsibility of the patient. Should docs be commenting on what sport activities you engage in? Should your doc tell you not to go sky diving because it's dangerous? Should he/she tell you not to ride your bicycle on 128? The line has to be drawn somewhere and I think going beyond where it is today is too far. Alcohol and drug abuse cause disease. I get that. So does smoking. But all these other things do not cause disease.

When I was asked. I said no guns only RPG's. What will this mean for other states????

 

[Garys]

I think the court got this right. While in general there should be no legislative curbs on 1A rights, this isn't an open conversation, it's professionals prying into the private affairs of their clients. I hope this survives the inevitable en banc review.

 

[LittleCalm]

I agree -- it's sad that this law was necessary and the 1A issues should never have had to become a problem. In other words, the docs created this problem so they have no right to now complain about the 1A issue.

 

[Garys]

True. Despite what some of them said, there is no requirement in any law that they have to ask this. Nor is there any professional requirement that they discuss this. It was merely the AMA and pediatric association that wanted this Nannyism. Doctors that own guns were against it and I think some actually quit those associations.

Medicine did itself serious harm when it let the dweebs from the so called public health community start dictating what they should do. The public health dweebs should have stuck to public health issues and not tried to expand the definition. But, I digress.

I agree -- it's sad that this law was necessary and the 1A issues should never have had to become a problem. In other words, the docs created this problem so they have no right to now complain about the 1A issue.

 

[Rob Boudrie]

Docs should be free to discuss anything, but it should also be the patient's rights to have absolutely no reference to non-medical information they do not specifically authorize recorded as part of their medical record. Even reporting "asked about guns, patient refused to answer" in the medical record crosses the line.

 

[Garys]

The correct term for that is "boundary violation", but you probably already know that. Say that and the doctor should immediately move on to something medically related.

Docs should be free to discuss anything, but it should also be the patient's rights to have absolutely no reference to non-medical information they do not specifically authorize recorded as part of their medical record. Even reporting "asked about guns, patient refused to answer" in the medical record crosses the line.

 

[HuntMaine]

If my doc asks about guns I just jump up and givem a double bicep pose and scream HowBout Thos Guns Baby! Then I follow it up with a chest bump. If that doesnt get him to move on nothing will

Sent from the blind

 

[92G]

never thought I would say this, but I kinda want to move to FL.

 

[Chevy 2 65]

never thought I would say this, but I kinda want to move to FL.

Vermont but need a job. been trying to figure out how to get to Vermont. What really sucks is a Job I had lined up in NC fell through !

 

[TOM1960]

Docs should be free to discuss anything, but it should also be the patient's rights to have absolutely no reference to non-medical information they do not specifically authorize recorded as part of their medical record. Even reporting "asked about guns, patient refused to answer" in the medical record crosses the line.

I think that the U.S. Secret Service gets it right when they routinely answer with a plain "no comment" to reporters' questions about VIP security. We should do the same when doctors and nurses ask us about our firearms ownership. Well, it is a lot more polite than telling them to STFU, right?

 

[StevieP]

Any guns in your home?

Why? What're you looking for?

Sent from my DROID BIONIC using Tapatalk

 

[cekim]

Docs should be free to discuss anything, but it should also be the patient's rights to have absolutely no reference to non-medical information they do not specifically authorize recorded as part of their medical record. Even reporting "asked about guns, patient refused to answer" in the medical record crosses the line.

Moreover, your medical record should be treated like a confessional.

Public safety is best served by open and frank discourse with medical professionals without concern for law enforcement considerations. The alternative, what we have done, is to cast a chilling effect on this relationship as people don't trust their doctors or their records to remain private so they self-sensor and/or avoid treatment.

Your medical record has become about as accurate as a car-fax...

 

[92G]

Moreover, your medical record should be treated like a confessional.

Public safety is best served by open and frank discourse with medical professionals without concern for law enforcement considerations. The alternative, what we have done, is to cast a chilling effect on this relationship as people don't trust their doctors or their records to remain private so they self-sensor and/or avoid treatment.

Your medical record has become about as accurate as a car-fax...

^^yup this hit it on the head.
and physicians wonder why patients dont feel inclined towards honesty? Gee real mystery there.

 

[Rob Boudrie]

I think that the U.S. Secret Service gets it right when they routinely answer with a plain "no comment" to reporters' questions about VIP security. We should do the same when doctors and nurses ask us about our firearms ownership. Well, it is a lot more polite than telling them to STFU, right?

I did use the term "boundary violation" when an MD's assistant was entering data on me into the office computer, and she moved to the next question without any comment.

 

[Palladin]

Funny, I went to the doctor the other day. After the exam he said "I'll be right back with my knife and gun"
Me: wanna see my knife and gun?

LMAO

 

[Quiet]

"I'm about to shove a stick down your throat, shove a finger up your ass, feel your balls and shove fingers up your nutsack and tell you to cough and you think asking about guns is a 'boundary violation'? I think I will have your hearing tested and your blood levels checked for lead, just on a hunch."

"If I answer that and then someday this information falls into the wrong hands my home could be targeted by criminals."

It is wonderfully ambiguous as to my gun ownership as well as to who I believe the criminals to be.

 

[HuntMaine]

Any guns in your home?

Why? What're you looking for?

Sent from my DROID BIONIC using Tapatalk

THIS. LOL!

Sent from the blind

 

[Billsail]

The only answer I provide, is..."NO".