Posted on 07/13/2011 9:35:44 PM PDT by Hunton Peck
MIAMI (AP) — Doctors in Florida are fighting a first-of-its-kind law requiring them to have a legitimate safety concern before they start asking a patient about guns.
The physicians contend the new law is too broad and they should be free to ask patients and parents about firearms in the house to make sure people know how to keep them safely locked away. Doctors routinely offer similar advice about other household risks, from the dangers of tobacco use to swimming pools.
Gun rights supporters who pushed for the new law believe questions about gun ownership are an invasion of privacy, and say some people have been dropped by doctors simply because they refused to talk about firearms.
The law, signed by Republican Gov. Rick Scott, took effect June 2. It forbids doctors from inquiring about guns unless the information is "relevant to a patient's medical care or safety, or the safety of others."
Doctors' groups representing about 11,000 physicians in Florida immediately sued, calling on a federal judge to block the law. They say the law is already having a chilling effect on meaningful conversations about firearms with patients, which professional medical organizations have for years advocated as good practice. Many patient questionnaires ask about gun ownership.
"Making sure patients understand the risks around them is a critical part of a doctor's mission," Douglas Hallward-Driemeier, an attorney for the physicians' said Wednesday during a court hearing on the lawsuit.
U.S. District Judge Marcia Cooke didn't issue a ruling but asked skeptical questions of the doctors.
"What's relevant about asking about my gun when I came in with a cold?" said Cooke, a 2004 appointee of President George W. Bush. "Maybe it's the other way around. Maybe the questionnaire is overbroad and not the statute."
(Excerpt) Read more at centurylink.net ...
>”BTW, I lost all my guns in a boating accident.”<
‘Boating accidents’ seem to be increasing at an alarming rate (based on what I read here at FR).
Perhaps the nosey doctors should start asking if their patients own a boat to their invasive forms? It appears that boating accidents are actually more dangerous than guns.
Doctors kill more people than guns. Good article.
http://www.canadafreepress.com/2005/tabor010405.htm
Down load and print this form and carry it with you in case your doctor asks about guns
http://thefiringline.com/forums/archive/index.php?t-70697.html
FIREARMS SAFETY COUNSELING REPRESENTATION:
PHYSICIAN QUALIFICATIONS AND LIABILITY
Part One: Qualifications
I affirm that I am certified to offer (Name of Patient: ), herineafter referred to as “the Patient”, qualified advice about firearms safety in the home, having received:
Specify Course(s) of Study: _____________________________________________________________
from:
Specify Institution(s) __________________________________________________________________
on:
Specify Course Completion Date(s): ______________________________________________________
resulting in:
Specify Accreditation(s), Certification(s), License(s) etc.: _______________________________________
___________________________________________________________________________________
Check one, as appropriate:
___ I represent that I have reviewed applicable scientific literature pertaining to defensive gun use and beneficial results of private firearms ownership. I further represent that I have reviewed all other relevant home safety issues with the Patient, including those relating to electricity, drains, disposals, compactors, garage doors, driveway safety, pool safety, pool fence codes and special locks for pool gates, auto safety, gas, broken glass, stored cleaning chemicals, buckets, toilets, sharp objects, garden tools, home tools, power tools, lawnmowers, lawn chemicals, scissors, needles, forks, knives, etc. I also acknowledge, by receiving this document, I have been made aware that, in his inaugural address before the American Medical Association on June 20, 2001, new president Richard Corlin, MD, admitted “What we don’t know about violence and guns is literally killing us...researchers do not have the data to tell how kids get guns, if trigger locks work, what the warning signs of violence in schools and at the workplace are and other critical questions due to lack of research funding.” (UPI). In spite of this admission, I represent that I have sufficient data and expertise to provide expert and clinically sound advice to patients regarding firearms in the home.
OR
___ I am knowingly engaging in Home/Firearms Safety Counseling without certification, license or formal training in Risk Management, and; I have not reviewed applicable scientific literature pertaining to defensive gun use and beneficial results of private firearms ownership.
Part Two: Liability
I have determined, from a review of my medical malpractice insurance, that if I engage in an activity for which I am not certified, such as Firearms Safety Counseling, the carrier (check one, as appropriate):
___ will
___ will not
cover lawsuits resulting from neglect, lack of qualification, etc.
Insurance Carrier name, address and policy number insuring me for firearms safety expertise:
____________________________________________________________________________________
I further warrant that, should the Patient follow my firearm safety counseling and remove from the home and/or disable firearms with trigger locks or other mechanisms, and if the patient or a family member, friend or visitor is subsequently injured or killed as a result of said removal or disabling, that my malpractice insurance and/or personal assets will cover all actual and punitive damages resulting from a lawsuit initiated by the patient, the patient’s legal reprerentative, or the patient’s survivors.
Signature of attesting physician and date: ___________________________________________________
Name of attesting physician (please print):__________________________________________________
Signature of patient and date: ____________________________________________________________
Name of patient (please print):____________________________________________________________
Note to patient: Indicate if physician “REFUSED TO SIGN.” Ask physician to place copy in chart/medical record.
“Point taken. “None of your damn business” is as good as “yes”. Which makes this an “ask me no questions, I’ll tell you no lies” scenario. I’m lying before I tell anyone what I’m holding.”
Exactly...we’re told not to lie. I tell my kids that there are times when lying makes PERFECT sense and you simply must do it. This is clearly one of those cases. I’ve also reached the point where I new lie when someone demands a Social Security number, but I know full-well that they will not be using it for anything...in those cases I make a ‘typo’ (whoops). Same for phone numbers...whoops and old phone number, I guess I got confused.
I’d like to know what actual training and expertise doctors have on the public health costs and benefits to guns, other than some political indoctrination from the leftist JAMA.
It’s more like 120 or 130 thousand a year now.
I have a brother who is a pediatric alergy/asthma doctor. He’s the senior partner of the practice and none of the other 24 doctors never ask the parents about guns. They’re not emergency room doctors, as my brother says. Any suspected child abuse they see is handled appropriately.
This is about creating a DE FACTO REGISTRATION.
Doctors will ask and then enter the answer in their computer records.
Thanks to GE big brother intrusive data centralization will give Obamacare full ability to look at the registration list. (for those who have not seen the creepy commecial GE is touting the centralized big brother medical database they have.)
If these doctor’s were serious they would hand a pamphlet to everyone, and not bother finding out who has what. Doctors don’t ask for a house cleaner inventory they just warn and move on.
This has NOTHING to do with medical care, this has everything to do with creating a registration list.
These are the same doctors who were rooting for the communists by opposing nuclear weapons.
I believe the judge voted against a preliminary injuction. Anybody know the judge?
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