Friday, September 16, 2011

Do You Keep A Firearm In Your Home?

Last summer, a young Florida mother got upset when her child's pediatrician asked if there was a firearm in the home.  When she refused to answer on the grounds that it had nothing to do with her child's health, the pediatrician fired them from his practice.  In retrospect, I think that this disagreement should obviously have been handled differently.

Instead, the Florida legislature proposed a state law that would prohibit physicians and other health care providers from asking patients whether they own or keep a firearm in the home.  Furthermore, the law would forbid a physician from refusing to treat a patient who refused to answer the question.  Finally, the law would prohibit a physician or health care provider from making note of the answer in the medical record.  The legislature proposed that physicians & health care providers be charged with a 3rd degree felony and fined as much as $5M for violating these provisions.

An amended & toned down version of this bill (reducing the fine for a 1st offense down to $10K) was passed earlier this summer to the consternation of physicians nationwide.  Can you imagine the next (il)logical step?  Physicians could then be restricted from asking about sexual orientation, sexual activity, alcohol consumption, drug use, etc.  After all, firearms are linked with death (and as such, are a public health issue).  In order to be your family physician, we need to know all about you.  But we also need your trust in our professionalism that we will not divulge anything you tell us to anyone else under pain of death (well, maybe not that far)!

Thank goodness for common sense and freedom of speech.  Yesterday, a federal judge declared the law unconstitutional.  We can now freely ask you anything that might impact your health.  Of course, you can always feel comfortable refusing to answer on any grounds that you choose.  Just know that I may not be able to make the best recommendation for you if I don't know all about you.  But no, I won't kick you out of my practice if you don't feel comfortable answering a question.  However, I do reserve the right to attempt to gain your trust as I help you obtain & maintain optimal health.

One last interesting tidbit.  Guess who supported the American Academy of Pediatrics in filing to overturn the law?  Family physicians via the Florida chapter of the American Academy of Family Physicians.  In fact, a family physician was the lead plaintiff.  And who stayed silent?  The Florida Medical Association.  

2 comments:

  1. I guess the doctor's 1st Amendment rights are protected, but not the patient's 1st Amendment (not to mention 2nd, 4th and 5th Amendment) rights?

    ReplyDelete
  2. Of course the patient's 1st amendment rights are protected. As I noted above, the patient still doesn't have to answer yes or no. See my penultimate paragraph? "Of course, you can always feel comfortable refusing to answer on any grounds that you choose."

    Regarding the patient's 2nd amendment rights, overruling the FL state law prohibiting physicians from asking about firearms has absolutely nothing to do with the right to bear arms. We have no interest in prohibiting law abiding citizens from keeping firearms in the home. In fact, I'm all for it (how else do I defend myself & loved ones?). However, we would just counsel that firearms be secured away from children. Obviously, if there are no minors in the household, then it's not an issue for consenting adults to keep their firearms (un)locked & loaded, ready to protect their family & property from unwanted visitors, eg criminals, at a moment's notice.

    Regarding the patient's 4th amendment rights, I can certainly see where you might interpret a question as unreasonable search. But if I am to offer a patient the best and most appropriate care possible, I need to ask questions. Again, it's up to the patient to invoke the 1st amendment and decline to answer.

    Regarding the patient's 5th amendment rights, I'm not sure how preventing the government from abusing its power is germane to this discussion, at least from what I would presume is your perspective. The state wanted to step in and prevent physicians from asking a specific question. That would appear to be a violation of the 5th amendment to this physician-citizen. But I don't think the government (state or federal) is overreaching in allowing a physician to ask questions, only if they prohibit specific questions. If you're questioning the portion of the 5th amendment related to self-incrimination, there is absolutely nothing criminal about lawfully owning a firearm, therefore nothing incriminating about admitting to gun ownership. And as I pointed out above, a patient is still within his/her right to decline to answer as per the 1st amendment.

    OK, now that I've got that off my chest, let's be clear that I'm not an attorney nor an expert on our Constitution. But while I disagree with your interpretation, I will defend your right to say it.

    ReplyDelete