Doctors asking about gun ownership---Florida
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.
Read more about it here....
http://www.miamiherald.com/news/state/florida/article29245474.html
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.
Read more about it here....
http://www.miamiherald.com/news/state/florida/article29245474.html
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We have experienced the same type of questions here (Texas). We were told it was a Federal requirement. Texas was looking into a law similar to the Florida one, but I do not know the status of it.
This would appear to be a State law conflicting with Federal requirement.
NOT a 1st amendment issue.
"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."
These champions of the 1st amendment clearly recognize the difference between health care and a cake.
The law also allows:
"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."0 -
They have ask me that question, I looked him square in his eyes, funny that's not a question about my health, but to answer, it's none of your damn business 0 -
"Do I own any guns? You mean besides the one in the holster about 8 inches from your hand?
Y'know, for a Doctor, you are not very observant, are you?"
[:p]0
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