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so based upon the 1st Amendment rights the patient has the right to tell the doctor that "that is none of their business"
Yup... at least it brings up the issue though. I see this most appropriate for pediatrician offices where kids may have access to guns that parents don't take of properly
I can see a MD that is testing a patient with increasing dementia asking this question. The MD should also be asking other family members about this topic. It is a common situation that a family has to try to convince a senior to "stop driving " because of their mental impairments. Guns in the house should also be a safety concern. If a person is a danger while driving a car, they shouldn't have access to guns, either.
A second example would be a MD who is counselling a married couple, where physical violence is present. Asking about guns in the home, is to me a sensible question to ask. I would call it being proactive.
A patient can cite his or her inferred right to privacy and leave it at that. If a physician refuses to further deal with a patient who refuses to answer the question I suppose we will have our next test case. Seems to me, though, that if a Christian florist can be found guilty of discrimination for her conscientious objection to gay marriage, a doctor should be equally guilty of discriminating against someone who is exercising their right to privacy and, perhaps, their right to protection under the 2A.
Asking a question about gun ownership is protected speech. Bottom line. The courts obviously see this unlike rabid pro gun nra folks.
Prob the same folks who are surprised that Donald trump can't just do whatever he wants with executive orders.
Domestic mass shootings have killed more people in the US since 9/11 than Muslim terrorists have...having a doctor ask common sense questions about gun safety at home is a no brainer....and certainly NOT political speech
As I said, hypocrites rarely see themselves in a mirror.
Just out of curiosity, are there any other questions a doctor can ask a patient that are legislatively mandated?
Does the gun question fall under doctor/patient confidentiality laws?
As I said, hypocrites rarely see themselves in a mirror.
Don't be so hard yourself.
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Just out of curiosity, are there any other questions a doctor can ask a patient that are legislatively mandated?
Nope, not until the nra decided to violate the first amendment by pushing this law in the first place.
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Does the gun question fall under doctor/patient confidentiality laws?
Anything said to a doctor does with the exception of a danger to self or others where the doctor has a duty top notify authorities. It's called hipaa. Knowledge is a wonderful thing
A Florida law passed in 2011 that stopped doctors from asking patients if they owned guns has been ruled by the 11th Circuit Court of Appeals as a violation of Doctors 1st Amendment rights.
Next time you visit your doctor, don't be surprised if you are asked 'Do you have guns in your home?'
They can ASK all they want, nobody has to answer
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Originally Posted by North Beach Person
1st Amendment? I'd like to see the convoluted reasoning on that one.
My doctor knows I'm a gun owner simply because she knows I hunt and walk a lot doing it.
Nothing convoluted about it, telling a doctor they can ask a question violates their free speech. Gun ownership isn't a restricted protected speech item like asking about sexual orientation or religion. Not a low on the books saying you have to answer.
If you have children he may want to impart some advice concerning safety,other than that i cant imagine why he would want to know if you have guns in the house.
Your answer to that question is likely to become part of your electronic medical records, available to who knows who? This information could be useful to gun control advocates looking for any reason to take away the rights of gun ownership. Coupled with other information available in a medical record, such as an affirmative answer to a question about feeling depressed, or a history of taking anti-anxiety medication, for instance, could be used to get those guns away from their owners.
What value does a doctor get for knowing weather or not I own a gun?
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Originally Posted by jambo101
If you have children he may want to impart some advice concerning safety,other than that i cant imagine why he would want to know if you have guns in the house.
Many laws passed and loopholes created in the last 8 years indirectly target gun owners. Obama passed a law saying if you need somebody to help you with your financial affairs than you can't own guns. This was going to be monitored by the SSA. A doctors documenting you have guns could lead them to saying your unstable at some point. All Doctor/Patient info is stored in a HIPAA environment which the government now has access too thanks to Obamacare. It helps create a back door gun registry which the government can not legally have otherwise.
A Florida law passed in 2011 that stopped doctors from asking patients if they owned guns has been ruled by the 11th Circuit Court of Appeals as a violation of Doctors 1st Amendment rights.
Next time you visit your doctor, don't be surprised if you are asked 'Do you have guns in your home?'
Have to admit I have never been asked that question, along with some of the other questions I know are part of the Medicare list of information doctors are required to submit to Medicare, including sexual orientation, marital status, who the patient lives with, what is one's general mood, has one ever been depressed or had suicidal thoughts, one's sexual activity (actually my PC did ask me that but prefaced the question "you know Medicare requires me to ask this stuff", with sort of a sheepish grin).
Hey don't blame the poor doctors - they're just in the business to try to save lives. Poor schmucks - what do THEY know.
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