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Bill would bar doctors from asking about guns POLL TO FREEP AT LINK
The Virginian-Pilot ^ | February 23, 2006 | By JANETTE RODRIGUES,

Posted on 02/23/2006 6:47:11 AM PST by SWO

CHESAPEAKE - A pediatrician who asks a child's parent about firearms in their home could lose his or her license or be disciplined under legislation being considered by a Senate committee today.

The bill would prohibit health care professionals from asking a patient about gun possession, ownership or storage unless the patient is being treated for an injury related to guns or asks for safety counseling about them.

Sponsored by Del. Ward Armstrong, D-Martinsville, the bill sailed through the House by a vote of 88 to 11 last week. A message seeking comment was left for the delegate; he did not return the call.

The legislation is opposed by The Virginia Chapter of the American Academy of Pediatrics because it blocks a common practice by medical professionals to inquire about gun ownership and safety when they go over a safety checklist with parents during a child's regular checkups from birth to puberty.

"We saw the bill but presumed no one in their right mind would put it through," said Dr. Leslie Ellwood, chapter president. "We thought it was such an unusual bill that anyone with common sense wouldn't pass it."

The national group is closely watching the bill now.

Some local medical professionals are incensed by the bill and the rapid way it is moving through the General Assembly.

The bill also is opposed by several medical groups, including The Medic al Society of Virginia and nurse associations.

The National Rifle Association supports the bill because it will protect gun owners "from intrusive, unnecessary questions from medical professionals," according to the NRA Institute for Legislative Action Web site.

"We don't have an opinion or issue an opinion on guns," Ellwood said. "We don't say it is a bad thing to have around children. Our plan is always to find out how the guns are managed in the household so they are safe."

The national pediatric group puts out a guide on safety counseling for pediatricians under its injury prevention program.

The state-endorsed guidelines are used by not just doctors and nurses but by others whose jobs involve children.

Medical professionals are encouraged to use the routine safety survey to counsel parents about everything from car safety seats and child-proofing a house and backyard pool to bicycle helmets and fire safety once the child reaches the appropriate age.

Pediatricians use the checklist to curtail preventable injuries, such as poisoning by household cleaning products, not to be intrusive, say Virginia physicians.

"The bill hits at the heart and core of prevention and protecting our children," said Dr. Nancy Welch, Chesapeake Health Department director. "I am just amazed that it has gone this far and seems to be flying under the radar."

A board-certified pediatrician, Welch e-mailed three committee members from the South Hampton Roads delegation after being notified about the Senate committee meeting today.

Sen. Harry Blevins, R-Chesapeake, has a policy of giving each bill a fair hearing before commenting on it, said his legislative assistant, Karen Papasodora-Cochrane.

Sen. Frederick Quayle, R-Chesapeake could not be reached for comment.

Sen. L. Louise Lucas, D-Portsmouth, said she thinks it's a bad bill.

"I don't know how it even got out of the House because a person who is practicing the healing arts, if they really have a child's safety in mind, would ask that question and others," she said.

If parents think the question is intrusive, Lucas said they can always tell the health care provider: "It's none of your business."

THE POLL TO DATE:

Should the state disallow pediatricians from asking parents about gun ownership?

Yes 49.25%

No 48.88%

Undecided 1.88% Total: 800 votes

Reach Janette Rodrigues at (757) 222-5208 or janette.rodrigues@pilotonline.com.

© 2006 HamptonRoads.com/PilotOnline.com


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Virginia
KEYWORDS: bang; banglist; bigbrother; freep; gungrabbers; poll; surveillance; vageneralassembly; virginia
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To: FreedomPoster

"from the Second Amendment Sisters"


Good stuff. Thanks!
(what would Kerry's doctor do?)


161 posted on 02/23/2006 6:46:50 PM PST by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: mbraynard
So the government can forbid me from asking you if you have guns

As a private citizen, no. As an individual in a position of authority and either on the state payroll, or operating with a license from the state, yes.

You cannot let the government control what someone has to say outside of the typical five understood exclusions (libel/slander, etc.)

Sure you can, when such speech constitutes harassment at the least, and a conspiracy to deprive the American people of their arms at the most.

This weapon is just like mandating that restaurants have to forbid smoking.

No it isn't.

There is no conspiracy of doctors - and 'none of your business' is a legitemate reply AS IS boycotting doctors who do ask that question. That is how CONSERVATIVES get things done.

Yes, there is absolutely a conspiracy to disarm the American people.

"None of your business" is certainly a legitimate reply, but as others have noted, if you so reply, they will check "yes" on the gun ownership box. Also, the doctor could ask the question of others living in your house, such as a child or an elderly parent with diminishing mental facilties; either of which may let the cat out of the bag.

For instance, the next question could be "since there are guns in your house, are they ever left around so a minor can access them?". Granny, not knowing any better or not even understanding the question, may answer "yes". In many states, that is a crime, and a doctor will report you to the stasi.

Boycotting doctors was certainly an option 50 years ago. Today, in our quasi-socialized medical "system", it isn't so easy.

I suppose one could argue for getting the government out of the medical system, but that isn't going to happen realisticly. The next best thing is for state legislatures to actively protect individuals from harassment by doctors.

162 posted on 02/23/2006 6:50:12 PM PST by Mulder (“The spirit of resistance is so valuable, that I wish it to be always kept alive" Thomas Jefferson)
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To: Mulder
As a private citizen, no. As an individual in a position of authority and either on the state payroll, or operating with a license from the state, yes.

The state forces me to have a liscence to practice medicine. The state also requires you to have a liscence to drive as they have socialized the road system. Does this mean the state can control what you say while you are driving your car?

Sure you can, when such speech constitutes harassment at the least, and a conspiracy to deprive the American people of their arms at the most.

Harassment is a legally concept that 'are guns in your house' question does not reach. If the doctor actually did something that constituted harassment, there are already legal remedies in place to address it.

And conspiracy? It's a really bad idea, but to suggest this is some back-door gun registration strategy sounds like you should be wearing a tin foil hat. Do you actually have proof of a conspiracy?

163 posted on 02/23/2006 7:14:48 PM PST by mbraynard (I don't even HAVE a mustache!)
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To: doc30

naive, 2. having or showing a lack of experience, judgment or information

In Oregon the health care providers report this information to the state government.


164 posted on 02/23/2006 7:27:38 PM PST by Cold Heart
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To: dsc

I wish I had thought of that. Next time.


165 posted on 02/23/2006 7:29:40 PM PST by Cold Heart
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To: Melas

Well, you could try Oregon where the state tells the doctor to ask these questions (and report to them). What's your choice there?


166 posted on 02/23/2006 7:40:23 PM PST by Cold Heart
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To: mbraynard

I agree with you. Leave free speech alone.

But you are nuts if you can not admit that this gun thing with docs occured during the Clinton Administration when they were screeching that guns were dangerous to children and that parents who had guns were irresponsible.

They started then telling med students and family docs to quiz parents about guns. It is a form of harassment since these docs are really not experts on gun safety and gun ownership is none of their business. The whole issue came out of a left wing political effort to ban guns through fear. Docs cooperated and lent their authority to a left wing anti-gun hysteria.

They should not be surprised when they find themselves being targeted in the culture war. Doctors should have the brains to stay out of the culture war and not be used as the attack dog of society going after political and social enemies.


167 posted on 02/23/2006 9:55:27 PM PST by Galveston Grl (Getting angry and abandoning power to the Democrats is not a choice.)
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To: FreedomPoster
That is one of the most politically astute and well crafted counter arguments I've ever seen. If Phyllis Schafly didn't come up with that herself, then I want to know the name of the woman who did because if she lives in my district I want her to run for congress and will happily put my money where my mouth is.

And if she's reading this and she wants to work in a hedge fund then she should freepmail me and we'll discuss it.

168 posted on 02/24/2006 2:47:46 AM PST by tcostell
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To: 2nd amendment mama
That is one of the most politically astute and well crafted counter arguments I've ever seen. If Phyllis Schafly didn't come up with that herself, then I want to know the name of the woman who did because if she lives in my district I want her to run for congress and will happily put my money where my mouth is.

And if she's reading this and she wants to work in a hedge fund then she should freepmail me and we'll discuss it.

169 posted on 02/24/2006 2:58:58 AM PST by tcostell
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To: SWO
Poll Results

Should the state disallow pediatricians from asking parents about gun ownership?


170 posted on 02/24/2006 3:09:49 AM PST by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: Panzerlied
I haven't read the whole thing, but from what I can tell, it's ridiculous. Might as well ask about car seats, hammers, scissors, electrical outlets, floor cleaners, Drano, aspirin, baby oil, vitamin supplements, air fresheners, chain saws, drills, oh yeah... and swimming pools, staircases, windows, bicycles (w/ or w/o training wheels), salt, sugar soaked cereal, ... well, you get the point.

But after all, just because someone asks a question doesn't mean I'm required to answer it.

171 posted on 02/24/2006 4:44:51 AM PST by Motherhood IS a career
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To: ApplegateRanch

Since it is something that is permanently recorded, and not simply an attempt to communicate firearms safety with respect to children, it is something that needs to be stopped. I have no problem with a doctor asking just so the doctor can pass along info to the parents, and I have no problem with people walking away from such a doctor, but it should not be a mandated question requiring permanent recording, even if you don't answer.


172 posted on 02/24/2006 6:10:11 AM PST by doc30 (Democrats are to morals what and Etch-A-Sketch is to Art.)
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To: Galveston Grl
It is a form of harassment since these docs are really not experts on gun safety and gun ownership is none of their business. The whole issue came out of a left wing political effort to ban guns through fear. Docs cooperated and lent their authority to a left wing anti-gun hysteria.

Perhaps you are right that there is some political movement behind the questions, but that is also not something that can be legally outlawed. And if you really think it constitutes harassment, then litigate it. Or just get in your Doctors face about it if he brings it up or fire the doctor and start a protest in your community on the issue, etc., etc.

173 posted on 02/26/2006 1:51:16 PM PST by mbraynard (I don't even HAVE a mustache!)
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To: Mulder

I remember a few years ago when my son, who about 12 at the time, had a physical. I had left to use the bathroom and came back just to hear the doctor ask my son about guns in the house. I answereed coming through the door and said I believe and it was none of their business. And if I did I certainly would have a gun safe. The doctor shut up at that point. Later on the doctor asked about bike helmet use and my son answered that he does not except when I tell him to and that he felt that that should not be law but up to the parents decision to wear a helmet. The doctor was a bit surprised but answered that if he saw the head injuries and the medical cost to society. I answered that that was inaccurate as any medical cost that would occur from a head injury would be covered by my insurance and myself and any further care would be my responsiblity. Society does not pay my insurance premium, I do and so does my employer. So that arguement was false. She went on about surely we agreed about seat belt use and I said no I did not agree to have the state make laws about any risk taking. She argued about the terrible injuries that can occur. I said I personally looked at wrecked car as a insurance adjuster and still did not think that that should be a law. I then went on about how based on her logic that the state could regulate any activity we do from skiing , horseback riding climbing since all involve physical risks . Therefore I did not feel that the state had any justification to make laws about helmet use and seatbelts. In fact the state has usurped my authority as a parent. This absolutely stunned the doctor especially when I said I saw wrecked cars and the drivers all the time and still did not agree the state should jump in and regulate. I definiately see the results of car wrecks more than she does as a pedetrician.

My son at that time had not realized how I would argue against an authority figure. It raised my status in his eyes and even heard him talk about that with his friends in the boy scout troop.The boys felt quite free to confide in me after that.


174 posted on 02/26/2006 8:48:16 PM PST by Rhiannon
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To: metesky

Should the state disallow pediatricians from asking parents about gun ownership?



Yes
61.02%

No
37.03%

Undecided
1.95%

Total: 3535 votes


175 posted on 02/26/2006 8:49:15 PM PST by Rhiannon
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To: SWO
Think.
A doctor can ask you if you have a gun in the house. The same said doc can report you if he/she considers it unsafe.

A doctor can not ask your child about sex. The doctor can not talk about abstinence (in some states.).

While the same doc cannot treat a broken arm on the child until a parent is present, the same said doc can perform an abortion without anyones permission.
176 posted on 02/26/2006 8:56:26 PM PST by truemiester (If the U.S. should fail, a veil of darkness will come over the Earth for a thousand years)
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To: SWO

A better way to put it might be "if you have guns are you careful to keep them out of reach of untrained children." Almost all gun accidents involving children are because someone, young or old, who had no idea what he was doing got hold of the gun.

But that would be like asking "do you avoid placing obstacles on stairwells."


177 posted on 02/26/2006 9:00:47 PM PST by HiTech RedNeck
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To: mbraynard
Does this mean the state can control what you say while you are driving your car?

IIRC it's a crime in some places to flip another driver the bird.

178 posted on 02/26/2006 9:02:38 PM PST by HiTech RedNeck
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To: SWO; All

Anyone whose doctor asks about their gun ownership should report the doctor to the state medical board and to his insurance company for a "Boundary Violation". A few complaints and the doctor will face HUGE premium hikes. Doctors will stop asking if a few have their insurance premiums raise drastically.


179 posted on 02/26/2006 9:13:33 PM PST by SUSSA
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To: mbraynard

This isn’t a free speech issue any more than the state telling a dentist he can’t do heart surgery. It’s a matter of protecting the public.


180 posted on 02/26/2006 9:47:19 PM PST by SUSSA
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