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Appeals court upholds doctor-patient gun law


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FULL STORY HERE

 

By JIM SAUNDERS

The News Service of Florida

TALLAHASSEE

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.

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We actually switched pediatricians because of this. I asked the pediatrician her thoughts on this ruling in Florida. She was strongly in favor of doctors asking about "unsafe" guns, and stood with the left-wing AAP. I told her what I thought of that and we never went back.
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Yeah I don't see any way that my refusal to answer the Dr's question would infringe on their free speech. The bank teller doesn't have a right to know the contents of my refrigerator either, etc.

Funny you mention that. Just this morning I went to the bank to withdraw cash for some landscaping being done. Because of the amount (under $9999) I was asked what my job was. When I balked, she said it was because of 'terrorists'. When I arrived home, my wife said that she has been asked 'what the money was going to be used for.' Who the hecks business is it what I do with my money? This is getting out of hand.

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Yeah I don't see any way that my refusal to answer the Dr's question would infringe on their free speech. The bank teller doesn't have a right to know the contents of my refrigerator either, etc.

Funny you mention that. Just this morning I went to the bank to withdraw cash for some landscaping being done. Because of the amount (under $9999) I was asked what my job was. When I balked, she said it was because of 'terrorists'. When I arrived home, my wife said that she has been asked 'what the money was going to be used for.' Who the hecks business is it what I do with my money? This is getting out of hand.

 

Thus the furor over Hastert's alleged misdeeds isn't over the acts themselves. but about "structuring" - an attempt to conceal monetary transactions from the $10k reporting requirements.

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Even before this ruling. Why couldn't you just lie and say "No" when they asked if you own any guns ? Why couldn't you just not answer or tell them to buzz off ?

Doctors and insurance plans would be able to drop you for refusing to answer, that's another thing the law is set up to prevent. I imagine lying could produce problems down the line also, even though you aren't under oath or anything there might be legal implications

 

Sent from my SM-G920P using Tapatalk

 

 

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I believe someone on here posted a waiver document for doctors to sign regarding asking questions about/counseling about firearms, on a tangential subject.

 

I think that would be something to use alongside this type of legal decision, if the doctor was inclined to ask, then they need to provide verification of their credentials to advise on firearm-related matters.

 

Anyone have that document to link or upload?

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Yeah I don't see any way that my refusal to answer the Dr's question would infringe on their free speech. The bank teller doesn't have a right to know the contents of my refrigerator either, etc.

 

Funny you mention that. Just this morning I went to the bank to withdraw cash for some landscaping being done. Because of the amount (under $9999) I was asked what my job was. When I balked, she said it was because of 'terrorists'. When I arrived home, my wife said that she has been asked 'what the money was going to be used for.' Who the hecks business is it what I do with my money? This is getting out of hand.

You can blame the BSA for that. I used to be a teller so I'm familiar with the dollar limits and such. The idea is that drug dealers would literally deposit huge sums of cash all at once and there was no way to report stuff like that, so Nixon pushed for the enactment of the BSA as a result. I can see why they did it, but as someone who generally views governmental reporting as a largely unnecessary reality I find these types of laws to be laughably stupid.

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Our old peditrician asked that question, going through a list.

She got to that question, asked it and laughed as she did, said 'NO' and just moved on.

Don't know if she was a gun owner herself, but she knew enough of her patients families were, and just said she was required to ask, but always answered 'No'.

 

Now her alternate was anti-gun/anti hunting.

We had to go to him (another office) and while waiting picked up a field and stream magazine, deer hunting issue.

Took the magazine in back with us, the nurse saw the cover and made a disgusted sigh, the Dr. saw it and said that they needed to review the magazines in the waiting office.

I didn't even addressing them, just looked at my daughter and said 'they don't know who they are dealing with', as she had been the one to choose our reading material.

When we got home, flipped on the tube and there was a deer hunting episode that my daughter wanted to watch.

It was ok, didn't really care for that Dr. anyway.

 

We deal with a new practice now for 4 years and have never been asked about guns.

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Our old peditrician asked that question, going through a list.

She got to that question, asked it and laughed as she did, said 'NO' and just moved on.

Don't know if she was a gun owner herself, but she knew enough of her patients families were, and just said she was required to ask, but always answered 'No'.

 

Now her alternate was anti-gun/anti hunting.

We had to go to him (another office) and while waiting picked up a field and stream magazine, deer hunting issue.

Took the magazine in back with us, the nurse saw the cover and made a disgusted sigh, the Dr. saw it and said that they needed to review the magazines in the waiting office.

I didn't even addressing them, just looked at my daughter and said 'they don't know who they are dealing with', as she had been the one to choose our reading material.

When we got home, flipped on the tube and there was a deer hunting episode that my daughter wanted to watch.

It was ok, didn't really care for that Dr. anyway.

 

We deal with a new practice now for 4 years and have never been asked about guns.

 

I would've used that as an opportunity to make the Doctor & Nurse feel uncomfortable for their bigoted anti-hunting & anti-firearm views. I just can't let that stuff go unchallenged. Glad to hear you found a better Dr.

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I would've used that as an opportunity to make the Doctor & Nurse feel uncomfortable for their bigoted anti-hunting & anti-firearm views. I just can't let that stuff go unchallenged. Glad to hear you found a better Dr.

 

You know, I normally would have.

I think that day, dealing with a sick child that it just wasn't worth it, had more pressing issues.

If my daughter hadn't been really sick, I would have waited for her normal pediatrician.

 

And you would have had to know the Dr. to realize that it probably was a wasted effort, would have never been understood.

Severely lacking personality and sense of humor.

We did like him as a doctor, but as a person, he may have been an acquired taste.

 

But even that normally doesn't stop me, it was just one of those days.

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