Ever since the “Affordable Care Act” (Obamacare) passed, I’ve heard stories of doctors asking patients about guns in the home. There’s been some confusion about whether or not this practice is legal under federal law, due to the fact that initial drafts of Obamacare contained language that was later revised in Senate amendment 3276, Sec. 2716, part c, which prohibits the creation of a firearms database and stops doctors from disclosing or collecting information relating to a patient’s firearms.
What this provision does NOT do however is prohibit doctors from talking with their patients about guns, and asking their patients if there are any guns in the home. Enter Florida.
In 2011, Florida passed a law that would later be known as “Docs vs. Glocks” which essentially banned doctors from discussing guns and gun ownership with their patients. In 2012, U.S. District Judge Marcia Cooke declared the legislation unconstitutional as an impermissible restriction on free speech, and also blocked the state from enforcing the law.
Over the weekend, a Federal court upheld the Florida law, overturning the 2012 decision. It now appears that in Florida, doctors cannot discuss firearms with their patients:
TALLAHASSEE, Fla. — A Florida law restricting what doctors can tell patients about gun ownership was deemed to be constitutional Friday by a federal appeals court, which said it legitimately regulates professional conduct and doesn’t violate the doctors’ First Amendment free speech rights.
The ruling by the 11th U.S. Circuit Court of Appeals in Atlanta overturned a previous decision that had declared the law unconstitutional. An injunction blocking enforcement of the law is still in effect, however.
The 2011 law, which had become popularly known as “Docs vs. Glocks,” was challenged by organizations representing 11,000 state health providers, including the Florida chapters of the American Academy of Pediatrics and the American Academy of Family Physicians
Doctors who break the law could potentially be fined and lose their licenses.
By a 2-1 decision, the appeals court upheld the law as a protection of patient privacy rights and said that the limits imposed by it were “incidental.”
“The act simply codifies that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient’s care,” states the opinion written by U.S. Circuit Judge Gerald Tjoflat.
You can read more here.
I think this whole thing is a gigantic mess personally. I don’t think there should be laws telling doctors what they can and cannot ask patients, and that government should get out of the healthcare business altogether.
Here’s an idea that doesn’t require government, only a little bit of common sense: if your doctor asks you whether or not you own guns and you don’t want to answer, tell him or her that it’s none of their business. Don’t like your doctor? Find a new one. Simple.
Having said that, it will be interesting to see if other states follow Florida’s lead.
Not only for this Obama crap but my kids were asked in school if mom or dad had guns. My 10 yr old said I do too! I was sort of proud for her to say that but same thought its not the school’s business
Completely agree – I taught my daughter that if she’s ever asked to tell them to “call my daddy.”
I told both my daughters the same. So far the school hasn’t called or written me yet. But I’m waiting for it!
Brandon….the question about guns in the home has been on the Medicaid & Medicare forms for over 20 years. My Mother was an RN and after she retired she worked for a contractor that did in home nursing care for HHS. She did the initial review and home check with the patient and one of the questions was ‘are there firearms on the premises’. She refused to ask the question and almost got fired for refusing.
Good to know, thanks Paul.