Judge blocks Fla. law restricting doctor gun talk

[cali]

(AP) MIAMI — A federal judge on Wednesday blocked enforcement of a first-in-the-nation law that restricted what Florida physicians can say about guns to their patients, ruling the law violates the U.S. Constitution's free speech guarantees and does not trample gun rights.

U.S. District Judge Marcia Cooke said it was important to emphasize "the free flow of truthful, non-misleading information within the doctor-patient relationship."

"This case concerns one of our Constitution's most precious rights — the freedom of speech," Cooke said. "A practitioner who counsels a patient on firearm safety, even when entirely irrelevant to medical care or safety, does not affect or interfere with the patient's right to continue to own, possess or use firearms."

The law was passed earlier this year by the Republican-controlled Legislature and signed into law June 2 by GOP Gov. Rick Scott. The governor, the National Rifle Association and other supporters contended it was a violation of privacy and possibly the Second Amendment for doctors to question patients about guns at home.

<snip>

http://www.cbsnews.com/stories/2011/09/14/ap/business/main20106302.shtml

[gratuitous]

1. Oh noes! Teh gun controlzzz!

This is what we knew all along was going to happen! It's Nazi Germany all over again. You gonna just sit there and take this, Florida? Some activist judgette thwarting the Will of the People?

[samsingh]

3. i hope you're being sarcastic

[drm604]

2. If the patient doesn't like the questions

they can always refuse to answer or find another doctor. This is Republican Big Government interfering with the free speech rights of physicians.

[Hoopla Phil]

31. And when the doctor tells the family to go pound sand because they refused to answer

then what? It actually happened - hence this law.

[drm604]

34. If a doctor acted like that

I'd no longer want him to be my doctor.

[OneTenthofOnePercent]

4. I think the law was an over-reaction to an overreaching physician.

Basically, one physician (pediatrician) told a mother to find a new doctor for her kids after questioning her about gun ownership.

I don't think Florida should have written a damn law about it though. I hate how politicians write all sorts of stupid proposals just so they can appear to be "doing something".

[RaleighNCDUer]

6. Wrong.

He didn't tell her to find a new doctor after questioning her about gun ownership.

He told her to find a new doctor because she refused to answer his questions about gun security in his patient's home. If a patient (or the patient's guardian) cannot trust the doctor enough to answer health related questions, the doctor has every right to 'fire' the patient.

It was an overreaction, but it was not an overreaching physician.

[OneTenthofOnePercent]

9. He questioned her about guns... obviously whatever response she gave him was inadequete...

and he told her to take a hike. It doesn't matter how you sugar coat it when you say it. She was questioned about gun ownership and he wanted a better answer to his question. Should a physician be allowed to expect an answer for *any* question under the excuse of "medically related"? If a doctor asked me I'd probably just end up lying to them - no reason they need to know.

Personally, I think gun ownership is as private of a matter a patient wants it to be. Simply owning guns is not a "health related question". Just what kind of "medical" advice is the doctor going to give to someone who holds a concealed carry permit (presumably making her an enthusiast). That makes about as much sense as a paramedic consulting a gunsmith for medical advice. Any medical assistence arising from a situation involving a firearm is not going to directly concern the private practice doctor/pedatrician.

[RaleighNCDUer]

12. When the pediatrist has to treat the child for gunshot trauma, it is a medical

question. Asking about the guns BEFORE having to treat the child is called 'preventive medicine'.

Every fucking day you read about some kid shooting himself or some other kid with a gun that was found lying around the house, in a drawer, under a pillow. Some people are stupid enough to think if the safety is on, that makes it safe.

And, BTW, only a fraction of gun owners are CC permittees. Most gun owners have never taken a safety class, most don't own gun safes, most don't have trigger locks for their weapons. Roughly half of gun owners are of below average intelligence.

BTW, since when do YOU see a pediatrician? The doctor was concerned for threats to a child's health, not the mother's health.

"Any medical assistence arising from a situation involving a firearm is not going to directly concern the private practice doctor/pedatrician." It damned well will if the pediatrician has to spend weeks on rehabilitation for a gunshot child.

The doctor doesn't give a crap about your gun. He's worried about your child.

[OneTenthofOnePercent]

14. If a child is shot... i doubt the pediatrician will be first on the list to notify.

I think paramedics and the ER would be approriate parties to deal with such a situation. And "preventative medicine"?!?
What's he going to do... take the guns away... write a prescription for a gun safe? :rofl:

There's nothing wrong with his concern. I think it's good of him to ask and have concern for his patients' well being. The problem is that refusing medical care on the basis of a patient's refusal to answer a non-medical related question.

[joeybee12]

16. Your obsession with guns notwithstanding, a physician is there to see that a child

has a healthy and SAFE environment...that's his/her job...asking about guns is totally appropriate...ridiculous for any SANE person to argue otherwise.

[RSillsbee]

32. Wrong

a physician is there to see that a child has a healthy and SAFE environment...that's his/her job

A physician is there to provide needed medical care ensuring the child has a healthy and safe environment is the parent's job.

That said, it's a dumb law

[MicaelS]

11. She should have told him...

"I have guns in my home, they are properly secured, and that is all you need to know. I do not want to hear any anti-gun propaganda from the AMA or APA disguised as medical advice. I'm not paying you to debate politics with you. Now what is your next question?"

[RaleighNCDUer]

13. Yes. That is all she needed to say. To confirm that the weapons were not a threat

to her child.

And that was all he was asking.

If I was the doc, and you answered me that way, however, I'd fire you anyway. That's WAY too hostile for me to want you as a patient.

"I have guns in my home, they are properly secured."

"With trigger locks, or in a gun safe?"

"No, in a locked cabinet. I have the only key."

"Fine."

It would not need go any further than that.

Or,

"No, in locked cabinet."

"Kids are remarkably clever about getting into locked cabinets - have they ever found a Christmas present? I'd suggest you get trigger locks, just in case."

It's called 'preventive medicine' and if you can't trust you doctor, you can't have a good doctor/patient relationship and maybe you NEED to find a different doctor. One who will take your money and not give a shit about you.

[RSillsbee]

33. Disagree

Dr: Do you have guns in the home

Pt: "I have guns in my home, they are properly secured."

Dr: "With trigger locks, or in a gun safe?"

Pt: "They are properly secured.that's all you need to know"

that's as far as it needs to go

rorre gnilleps

[OneTenthofOnePercent]

15. She should have just said "no"... regardless of the truth.

That's pretty much my standard answer unless Johnny Law is the one asking the questions.

[smirkymonkey]

5. You know, call me crazy, but I never associated "gun chat"

with my regular doctor visits. This just seems beyond bizarre to me. Then again, I live in an urban region where nobody but gang members even considers carrying a gun.

[MountainLaurel]

8. I think it's because it's considered a risk factor

Along the same lines as smoking or not exercising. It's considered especially relevant in pediatrics or when a patient is coming in to discuss possible depression.

[DeSwiss]

7. Scared gunnuts lose one. Yea! - K&R n/t

[kctim]

10. I'd fire my doctor if I even heard of him asking that

Who needs a chickenshit doctor who pisses his pants over our rights.

[Name removed]

17. Deleted message

Message removed by moderator. Click here to review the message board rules.

[kctim]

18. Yeah

because respecting rights and choosing not to live in constant fear is so nutty.

:eyes:

[Name removed]

20. Deleted message

Message removed by moderator. Click here to review the message board rules.

[DainBramaged]

26. But it's OK for you to trample the rights of others to make your gun possession paramount?

Amazing. But it's waht we expect.

[DainBramaged]

19. Wait, the doctor is a chickenshit because he is worried about the child's safety?

Are you in the right place or have you detoured on the way to somewhere less realistic?

[kctim]

21. No, he is

a chicken-shit because he falsely and arrogantly believes his fear is what determines the childs safety.

[Name removed]

22. Deleted message

Message removed by moderator. Click here to review the message board rules.

[DainBramaged]

23. Let's try this again, YOU don't have the right to question a medical professionals decision making

process if the best word you can use to describe the incident is chickenshit.


Meh.

[kctim]

24. Of course I do, I have the right to question whatever I want

that is why I would fire him if his decision making is based on his own personal fears.
He can push his agenda on his own time, not mine.

[DainBramaged]

25. He isn't pushing an agenda of fear pal............

(giant facepalm)

[LAGC]

29. Then what is it?

Sure sounds like prejudice to me.

[friendly_iconoclast]

27. Anyone has the right to question a medical professionals decision making....

...process for any reason whatsoever, whether you believe the reason is valid or not.

"MD" is not an abbreviation for "Minor Deity", and one doctor's opinion on guns has all the inherent validity of a
firearms instructors' medical advice....

[MicaelS]

28. If I'm the one paying the bills,

I have EVERY right to question his professional decision making.

[AtheistCrusader]

36. Medical malpractice kills more people than firearms in this country.

So, I would say, yes, he has every right to question.


"Experts estimate that a staggering 98,000 people die from preventable medical errors each year. More Americans die each month of preventable medical injuries than died in the terrorist attacks of Sept. 11, 2001.”

[Logical]

30. This is good really. What a stupid law. Shit, sometimes the pro-gun side is paranoid.

[eallen]

35. It's good for a more basic reason: it upholds the 1st amendment.

Similarly, a judge in Texas struck down Rick Perry's law requiring doctors to show sonograms to patients wanting an abortion.

Doctors and patients are both protected by the 1st amendment. States should neither forbid nor mandate speech.

:hippie: