Posted on 02/18/2017 10:51:05 AM PST by kevcol
A federal appeals court has ruled that a Florida law restricting doctors from asking patients whether they own guns restricts the right to free speech.
The 11th U.S. Circuit Court of Appeals found that the law violated doctors’ First Amendment right to free speech, and concluded that the state failed to prove that physicians were infringing on patients’ Second Amendment rights. A previous decision by a three-judge panel by the 11th Circuit upheld the law, but those suing the state asked for the full circuit court to re-consider the case.
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The Republican-controlled Florida state legislature passed a law in 2011 preventing doctors from asking patients about their gun ownership and gun safety procedures. Supporters of the law argued that doctors in the state were overstepping their authority and pushing an anti-Second Amendment agenda.
The move came after a Florida couple said their physician had asked about gun ownership and refused to see them after they declined to answer, according to the Miami Herald. The Brady Center to Prevent Gun Violence quickly challenged the law, which has been battled over in the court system for years.
(Excerpt) Read more at dailycallernewsfoundation.org ...
Actually I don’t see why they cannot ask about firearms.
It’s whether they force the patient to answer that is the issue.
Well, I guess they can always “ask”... LOL.
I will immediately start asking the doctor about how many iatrogenic deaths they have caused, and to list out their sexual histories as I don’t allow folks with herpes or incurable diseases to physicaly touch/examine me.
The patient Can ask “Before I think about answering that, lemme ask- Do you sir own a bat or stick or club or blunt object which could be used to beat your wife with?”
So, you get sued for all you’re worth if you refuse to serve a gay in your business, but the politicians back you if you are a doctor and refuse to see someone who won’t answer a question.
Fascism is here already.
If a person is not under oath, and asked an irrelevant question by someone (not law enforcement), then provide the most non-controversial answer, in this case a simple no, with no further embellishment.
What did the court say about patients telling their doctor to go screw?
They can ask anything they want.... doesn’t mean we have to answer or answer truthfully. “Do you like to skydive? Do you often travel to countries where Ebola is prevalent? Do hang out with filthy liberals?”
A doctor’s 1-Amd right to free speech cannot be trumped by a patient’s 5th-Amd right regarding evidence?
Me no think-so.
Ask away doc!
If a doc asks about guns just lie and and say you don’t believe in guns. ANY other answer will just identify you on a permanent database as a gun owner. My arsenal is nobody’s damn business.
The Florida law did not have an exception for suicidal/homicidal ideation (where asking if you have a plan and the means is standard of care).
Otherwise, as you say, asking is OK, compulsion is not. And abandonment is never OK.
And patients can refuse to answer, they can tell the MD to go fly a kite, and they can change their doctor, as well as post on a website the MD’s name and clinic address and the attempt at invading privacy with inappropriate questions.
Time to find a New Doctor and to tell the old one ##@@%&&**!!!!!
vocabulary word:
iatrogenic
ADJECTIVE
of or relating to illness caused by medical examination or treatment.
They can ask but they won’t get an answer.
If asked the question, I could just lie, but instead might counter with - Doctor, I support Patient-Physician Confidentiality! After I answer that question, will you promise me that you nor anyone from your office will disclose my answer to anyone outside of your practice.
If Dr. responses that he/she can not promise disclosure might not be released, then I can give him/her the answer they seek, with fingers crossed. No, I do not own a gun. -
1) I own more then a gun,
2) I gave my guns to my dog.
3) Any gun around belong to my estate and thus not to me as an individual.
4) Any other answer I can think up.
I understand the purpose for the question - Will my patient, in a desperate moment take their own life. I just don't believe the Government should begin in any way in infringe on the 2nd amendment.
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