‘Don’t Ask’ gun bill introduced promising showdown between NRA and Florida Medical Association
From Michael Peltier of the News Service of Florida: Doctors and other medical providers would be barred from asking patients – or the parents of child patients – if they have guns in their home under a measure that promises a major showdown between powerful lobbying groups.
The National Rifle Association’s top Florida lobbyist and a Florida Medical Association member both say the issue is among the top priorities for the session, with the groups holding diametrically opposed positions on what doctors and their patients and families should be allowed to discuss during a medical visit.
Sponsored by Rep. Jason Brodeur, R-Sanford, the bill (HB 155) would make it a felony for a physician or staff member to ask patients or family members of patients if they own guns or store guns at home. If found guilty, the medical provider could be fined up to $5 million or face up to five years in jail. The measure has been referred to three House committees but has yet to be scheduled.
Gun-rights groups say the measure was prompted by complaints from gun owners following an incident this summer in which an Ocala area physician told a couple to find a new pediatrician after they refused to answer questions about whether they had guns in their home and how they were stored.
Marion Hammer, executive director of United Sportsmen of Florida and a former national NRA president, said the gun rights groups have no opposition to a physician’s office handing out brochures on gun safety, but the direct questioning on whether there are guns in the home of a patient and how they store them goes too far.
“Simply, it’s none of their business,” Hammer said.
Critics of the measure say it inappropriately puts a wedge between doctors and their patients by restricting what can be discussed. They say questions regarding gun ownership and how weapons are secured within homes is much like a pediatrician asking the parents of a child if their electric outlets have protective covers, or whether their pool is fenced in.
“No other area of physician inquiry has been deemed off-limits by the Legislature,” said Naples pediatrician Dr. Scott Needle. “ Pediatricians have a right and a responsibility to ask appropriate questions as to a child’s safety and well-being, even if these questions might be uncomfortable to the parents; likewise, however, no parent can be legally compelled to answer such questions.”
The bill is one of three being tracked by gun rights groups for the 2011 Legislative session. Also on the radar is a bill (HB 45) sponsored by Rep. Matt Gaetz, R-Fort Walton Beach, which would prevent local governments and state agencies from enacting gun laws that prohibit the ownership of weapons.
Another measure (SB 234) sponsored by Sen. Greg Evers, R-Baker, relating to the carrying and storage of firearms in vehicles.
Evers is expected to file a Senate measure similar to Brodeur’s in the weeks to come, Hammer said
The NRA is gun-worshiping cult, period. Even a rational gun owner should be ashamed of them. The NRA has embraced gun-nuttery as its platform.
It’s funny, certain gun owners want to be able to keep their guns secret and at the same time flaunt them.
One doctor in Ocala did something NRA does not like and now it is a BFD. With all the problems in Florida, I hope this doesn’t make it to the floor to be argues. My heavens, we look like idiots.
Paula, since when did the NRA and company ever try to not look like idiots? It will make it to the floor and will be voted on.
I’m more pro-2nd Amendment than anyone, but that’s because I’m even more pro- individual freedom than anyone. That said, the government has no role in directing how one individual runs their business. Drs. should clearly be free to ask questions concerning safety (or for that matter any question) as patients should be free to limit their answers if they choose. Both should be free to terminate the relationship if they wish for any reason they wish. Government has no role in such issues, a lesson that Leftists should learn. That Republicans are acting like statists on this issue is embarrassing. The answer is to get government out of our lives, not get in power so we can be the ones doing the micromanaging.
I am the NRA. Your next door neighbor, your boss, your coworker.
More than 3M of US. When my doctor asked me that, I filed a complaint
with the NRA and I fired the doctor. None of a Dr’s business. I support
the NRA with thousands of dollars every year.
That sounded almost cult-like Robert.
“Sponsored by Rep. Jason Brodeur, R-Sanford, the bill (HB 155) would make it a felony for a physician or staff member to ask patients or family members of patients if they own guns or store guns at home.”
The man is stupid, as is the NRA for backing this. A felony? Good Grief. By the same token, it’s none of the doctors’ business if his patient owns forearms, as it would be for swimming pools, caustic substances or knives. One need to look at the underlying agenda of the physicians associations here. Many are proponents for gun control. This isn’t as innocent as you would think.
the VA routinely asks me if I am depressed. If I say “Yes”, they notify the Feds and I would be flagged on their NICS system and forbidden to buy a firearm. So . . . you tell the doc you have firearms at home and on the next visit you say you or a relative is depressed. The doc will also probably report you with the same result. In this sue-happy environment, even if he was ambivalent about firearms, he would have to or risk being sued because “he did nothing to prevent a suicide, etc.”
Just tell him “No” and let it go at that. We don’t need any more stupid laws.
Oh Geez, in before some wit takes me to task. . “Forearms” should be “Firearms”. I should also add that I’m an NRA Life member.
“One need to look at the underlying agenda of the physicians associations here. Many are proponents for gun control. This isn’t as innocent as you would think.”
Yeah, wanting to spend less time treating gunshot wounds is a really creepy agenda, I know. I bet these physicians sit around in dark caves and plot sinister ways to make the world safer.
Robert — if you are a proud, legal gun owner I should think you would be happy and content to tell the world including your doctor that you own guns. Why the secrecy? Are you ashamed? Let’s leave it to “small government-loving Republicans” to gum up the works with such a trivial and nonsense bill. ONE doctor exercises his right to end a doctor-patient relationship and now we have to make a LAW? I feel confident that any parent who would so inclined to conceal his gun-ownership status from a doctor probably had something to hide. Maybe they were creeps. Doctors don’t HAVE to treat you in an non-emergent situation. Did you feel so strongly about your PRIVACY when the Patriot Act allowed the government to wiretap your phones without just cause? I didn’t think so. Why the problem with guns? They’re legal and you have every right to own them. SIng it from the rooftops!! BTW — doctors also ask about swimming pools, trampolines, etc., WHY?? Because they, like guns, are dangerous. A little preventative medicine could save a life. BTW — I live in California where a 17-year-old brought a loaded hand gun to school today in his backpack. The gun went off — wounding two. Maybe if his parents had been reminded of how to properly store a gun in the home this wouldn’t have happened.
The NRA is jumping way outside of its swim lane. A pediatrician is doing nothing ut trying to educate some people on gun control. The NRA is acting rridiculous on this as they always do. I love my guns and I would have no issue if a doctor ask me how I have my guns stored. Get over it NRA.
It’s a backdoor attempt to register guns and their owners. Radical leftist gun controllers have been thwarted judicially, legislatively and politically; so they’ve enlisted doctors to keep notes on who owns guns to compile a list to make confiscation easier later on. Fortunately stalwart defenders of freedom like Marion Hammer in Florida stand vigilant against such threats to take away our guns!!
Yeah Gunluvr, them evil doctors are out to get you!!!!!!!!!!
This afternoon, I heard Senator Greg Evers in a radio interview speak to this specific issue. Senator Evers provided some specific comments that add context to this article and may sway your position either for or against. According to Senator Evers:
1. The issue was first brought to the legislators by a constituent;
2. The constituent was asked these two questions, not as part of a routine conversation between the doctor and his patient, but as part of a general information form that was required to be completed by the patient at check-in;
3. The interviewer replied that as a libertarian-minded individual, he has the right to refuse to answer the question, tell the doctor his reasons for refusing to answer the question and selecting a new doctor;
4. Expanding further on these cited freedoms, the interviewer asked why it was necessary for the legislators to criminalize this question by making it a felony offense;
5. Senator Evers replied that the data entered onto these general information forms are often entered into an electronic file that is saved on the doctor’s computer network;
6. That these electronic files are susceptible to either fraudulent activity internally or computer hacking externally;
7. Because of these susceptibilities, this information threatens the security of the patients if their street address and storage location within the home is revealed.
I hope this information contributes meaningfully to the conversation.
If the issue is about computer privacy, damn it, make it about increasing computer privacy. Also the scenario sounds stupid. What about painkillers? That might come up in conversation along with other dangerous things like guns and where to store them. Why isn’t there a similar bill to not talk about painkiller location? Also I would be more concerned with identity theft considering that the patient will trust their social security numbers and other things with the doctor also. A criminal with hacking abilities would probably not give a levitating crap about guns and be more obsessed with stealing money via the computer and not want to get their hands dirty. If they do want to steal a gun, I would think that looking through a computer of a doctor seems pretty much like a desperate or stupid way of doing it.
But let’s assume the scenario isn’t stupid and there is a real threat to the gun owner’s safety. Why doesn’t Greg Evers propose a compromise bill and make the fine/jail sentence about posting the information on the computer instead of about asking the patient if they own a gun? I mean, the doctor can remember the name of every muscle in the body, they surely can remember if a patient owns a gun and where. Kidding aside, the skeptic in me has to yell “bullshit!” The Republicans don’t care about privacy, this is about pandering to gun nuts and punishing good doctors. Anybody with a conscience needs to oppose this bill.
Emergency physicians have to ask suicidal people if they have access to handguns/weapons to establish potential to harm themselves and get psychiatry to see the patient. I would hate to get sued because I was trying to save a suicidal patient.
No problem —- lie.
It’s interesting that the NRA members here deny freedom of speech between a doctor and his/her patient on the basis of one incident I don’t doubt that many of you, however, would also require a doctor to show abortion films to women seeking one, and that has been a Republican favorite.
This law is so blatantly punitive -$5million fine for asking a question??- that it could only be promoted by the nuts in the NRA.
So, on the same principle, can we repeal all laws requiring teachers to investigate family abuse, drugs in the home, etc? let them get back to, say, teaching? Let’s tell the doctors they have no right to ask if we are still smoking, or how much do we drink. Maybe the police shouldn’t respond to domestic abuse calls; it’s none of their business. Maybe the government has no business putting sex offenders’ locations on maps in your neighborhood. All the same business. Punish those who are charged with preventing tragic loss of life.
[...] yes, speaking of open season… A proposed Florida law would make it a felony for pediatricians to discuss gun access with [...]