CS/HB 155 reads:
Privacy of Firearms Owners. Prohibits physicians or other medical personnel from inquiring, either verbally or in writing, about ownership of firearm by patient or family of patient or presence of firearm in patient’s private home or other domicile; prohibits conditioning receipt of medical treatment or care on person’s willingness or refusal to disclose personal & private information unrelated to medical treatment in violation of individual’s privacy contrary to specified provisions; prohibits entry of certain information concerning firearms into medical records or disclosure of such information by specified individuals; provides noncriminal penalties; provides for prosecution of violations; requires informing Attorney General of prosecution of violations; provides for collection of fines by Attorney General in certain circumstances; provides exemptions.
Now, it seems that among some in the pro-gun side, this bill is considered an intrusion on people’s rights. Some are crying that it is an attack on their and the doctor’s First Amendment Right and that is bad, if it were true. As a Professional and as a perceived authority figure, you have no right to offer advice or treatment on issues you are not knowledgeable or trained for.
What my fellow 2A Defenders seem to forget is that this bill is not aimed at us. We have no issues telling a doctor to go fondle a nurse if they are trying to tell us how bad is having a gun in the home and that we should get rid of it. But when the same doctor offers this advice to a less knowing person and this person follows the advice putting himself and his family in danger with a simplistic answer, we are entering the realm of Medical malpractice. Double down on that if the doctor is from the American Academy of Pediatricians which is a notorious anti-gun group.
Stop one second and think: What would happen to you if you give bad instructions/advice/orders on something unrelated to your profession and that person taking the advice gets in trouble? Will you be able to hide behind the First Amendment or will you be facing a criminal or civil legal procedure? Why should doctors be any different?
Now, if doctors are truly worried about their patients and their safe gun ownership, they should apply a true and tested method that they use for other medical issues: referral. Have the patients contact a Firearms Instructor accredited in Home Firearms Safety so they can learn from somebody properly trained in the matter what to do. I am sure the Firearms Instructor will not be dispensing advice on how to treat coronary diseases or writing prescriptions for Viagra the same way a Doctor shouldn’t be telling a patient what is and what is not safe to do with a gun.
Common Sense, wouldn’t you say?
[…] From Miguel. […]
Miggy,
It’s a bad law. I agree with this quote, from The Truth About Guns blog:
What if a patient wants to talk to their doctor about firearms, perhaps in relation to suicidal urges? Is that prohibited? And what if the patient says “Doc, I’m thinking of killing myself?” Does the physician have to say, “Well, I’m prohibited by law from asking you about firearms in the home, so let’s just say are you thinking about killing yourself with something other than a firearm?” /quote
It is covered by the law. In fact the exception text is almost as long than the law itself. And the law prohibits the doctor and medical personnel to do the inquiry, not the other way around.
And most important, no keeping of records.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0155c1.docx&DocumentType=Bill&BillNumber=0155&Session=2011
http://e-lobbyist.com/gaits/text/213572
This is the full text of the bill, at least as best I can find on the interwebs.
I still don’t like it. State fines are not the answer to a personal liability generating situation, and that is all this provides.