Bill would bar doctors from asking about guns POLL TO FREEP AT LINK

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."

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.

"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?

So right now you if you bring your kid in for an ear infection, you're asked if you own a gun? To what end? And if you lie and say no...are you committing some kind of crime?

My son has born with apnea, and was in the NICU for several days. Hubby and I opted out of circumcision because we felt he had been through enough in his first few days. Fast forward to 2 years old, and he is showing signs of being Autistic, and I cannot "clean" him properly, I took him to the pediatrician and the dr asked me "Do you smoke?" What? like smoking would give him an infection on his willie? I never saw that doctor again, and complained to the senior doctor in the practice about the comment. We did have to have him circumcised a few months later, because dealing with his disability was too difficult.

My son didn't mind, he just kept asking everyone if they wanted to see his boo-boo :)

Asking about what goes on in the house, to me, if put in proper context is acceptable. First visit or a yearly checkup type of visit. In my story, I was offended because I felt the doctor was accusing me of giving my son an infection solely on the fact I smoke.

No need to pass a law. Just have your physician fill out this simple form:

PHYSICIAN OR EDUCATOR QUALIFICATIONS AND LIABILITY

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.

Risk Management Advice to Physicians and Malpractice Insurance Providers: Don't Borrow Trouble
© 2000 by Joe Horn crowtalk@theriver.com

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