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Panel Passes Doctor Don’t Ask Gun Bill
March 9, 2011
Doctors would be barred from asking most of their patients if they own guns under a measure that passed in a House panel on Tuesday after it was amended in response to doctors’ concerns – though not enough to win over the medical establishment. The bill is sponsored in the Senate by Rep. Greg Evers, who represents the North Escambia area.
By a 9-6 vote, the House Criminal Justice Subcommittee approved a National Rifle Association-backed bill sponsored by Rep. Jason Brodeur, R-Sanford. The proposal would bar physicians, nurses and other medical personnel in non-emergency settings from asking patients if there are guns in the home, a query backers say oversteps a physician’s authority and infringes on Second Amendment gun rights.
Vehemently opposed by the Florida Medical Association, the Florida Pediatric Society and other medical groups, the bill that originally banned any questions about gun ownership was amended Tuesday to allow medical providers in certain cases to ask about guns, an effort to address concerns of committee members who normally side with the doctors.
“This bill is about taking politics, pure politics, out of the examining room,” Marion Hammer, a lobbyist for the NRA and other gun righs groups, told the committee before the vote.
The bill is being sponsored in the Senate by Sen. Greg Evers, R-Crestview. A constituent in Evers’ district complained when a physician refused to treat her after she wouldn’t say if the family had guns in the home. Rep. Dennis Baxley, R-Ocala, said constituents in his district also complained of being dropped by their physician when they declined to answer a question about whether they owned a gun.
Such altercations, however, should not be used as a justification to establish such a prohibition in Florida law, said Rep. Perry Thurston, D-Plantation, who voted against the measure and said it will cost lives.
“If this is major problem, we would have heard about it in our communities,” Thurston said. “For me it’s a no brainer. … This bill creates a situation where the doctor is unable to ask a question.”
The amended version of the bill would now allow physicians to ask patients about gun ownership if they believe the the patient or another person is in imminent danger. The question could also be asked during a medical emergency. In those cases, practitioners would be allowed to enter the information into the medical record.
The bill is also now less punitive than the original version, which made it a felony punishable by up to five years in prison and a $5 million fine.
Physicians groups vowed to fight the bill vigorously as it move forward, saying Florida already has a tough time recruiting doctors.
“It really makes Florida out to be a laughingstock and the FMA will work hard to make sure that this bad public policy does not become law,” FMA executive vice president Timothy Stapleton said in a statement after the vote. “Frankly, it is disrespectful and insulting to the good doctors of our state who want nothing more than to help their patients.”
Pictured: Marion Hammer, lobbyist for the National Rifle Association, speaks for the bill to prevent physicians from asking patients if they own guns during the House Criminal Justice Subcommittee meeting Tuesday at the Capitol in Tallahassee. Photo by Colin Hackley for NorthEscambia.com, click to enlarge.
Story by Michael Peltier
The News Service Florida
Comments
26 Responses to “Panel Passes Doctor Don’t Ask Gun Bill”
Whether or not anyone likes this question is irrelevant. This is a free speech issue. The legislature cannot dictate to doctors what questions they may or may not ask their patients. If you don’t like the question don’t answer it–or answer it partially or vaugely–or just tell the doctor you don’t care to discuss the subject. But you cannot forbid the doctor to ask any specific question.
This bill–or law if the governor signs it–is unconstitutional and will ultimately be thrown out, if necessary by the Supreme Court. Shame on the legislature for wasting the time and money of the people of Florida on this nonsense.
(not saying you did it, jimmy)
(not you jimmy)
REGARDING:
“And Kathy, this article has nothing to do with open carry. What are you ranting about? You need to upgrade your tin foil hat”
While I disagree with the proposed bill, it IS hurtful when those who attack others make fun of our lower state of evolution. We have feelings too.
David with long, hairy arms and
grandmother who looked
like a Neanderthal
Horrific and Kathleen,
You have way too much faith in doctors judgment to determine who may be a mental patient based on a visit. Doctors are human too, they make huge mistakes. Under your reasoning the doctors should ask if the odd acting person drives a car. Yes they do! Put them in a data base and declare them a risk to society on their medical records! How does this help the patient? Not at all, it is a data base of suspected risk, not proved. A guilty until proved innocent policy. And Kathy, this article has nothing to do with open carry. What are you ranting about? You need to upgrade your tin foil hat.
@Kathleen……
Are your knuckles dragging the ground…..
did you really need to ask? lol
Are your knuckles dragging on the ground? When someone walks into a doctors office and sound as though they may a psych. problem, and maybe real paranoid, not enough to have been court ordered into a psych hospital but scary enough to worry, they might want to know if there are guns in the home. If your child is stating that when your drunk you bring out your guns, the doctor might want to know. Why would you want to open carry a gun unless you have thoughts of killing or harming someone? Got a rattle snake at the local bar? Got a grizzly bear chomping on a steak at Fran’s?
@JIM W
I READ YOU AND you make a very good point. Thanks!
One thing I don’t want is anymore insurance in my life. Our health
insurance has just notified us that there is only ONE drug store
where they will pay for our medicines. Now I have to change drug
stores because they say so, sure sounds to me like the fix is in somewhere.
I’m getting real sick of insurance companies RUNNING MY LIFE.
Thumbs up to you David.
Old Soldier said.
No wonder most doctors with good common sense don’t join the Florida Medical Association (or the AMA) – too many democrat socialists and social engineers trying to BE the Nanny State.
So your saying Evers is a Democrat socialist? No, he is a Republican.
REGARDING:
“The proposal would bar physicians, nurses and other medical personnel in non-emergency settings from asking patients if there are guns in the home, a query backers say oversteps a physician’s authority and infringes on Second Amendment gun rights.”
This is a foolish proposal and will be found to be unconstitutional if passed. Why waste the time and money? It’s especially foolish that its backers believe it infringes on Second Amendment gun rights. The Second Amendment does not deal with people asking questions, .
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
This is not about asking questions. Asking questions would come up under the First Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
“Congress shall make no law – - – abridging the freedom of speech”
So here we have a proposal abridging the freedom of speech of doctors. Is it lawful? Let’s look at it again:
“Congress shall make no law – - – abridging the freedom of speech”
Doctors have the right to talk. Nurses have the right to ask questions–even stupid ones. If a doctor or nurse asks you a question you don’t want to answer, just be a man (or woman) and say so. Don’t throw him (or her) in prison for five years because you didn’t like the question.
David for sanity, literacy, and liberty
No wonder most doctors with good common sense don’t join the Florida Medical Association (or the AMA) – too many democrat socialists and social engineers trying to BE the Nanny State.
Just imagine, a doctor _refusing_ to treat a patient because they refuse to answer a question that is clearly none of the doctor’s business? Sounds like a patient that’s bound to find a better physician and taking their income with ‘em.
If I was ask if I owned guns, I would answer yes and and be proud of them!!
If I was ask if I was a God fearing, red blooded, red neck, I would be proud of my answer of Hell Yea!!
Any legally purchased guns in the last 10 years are already on record that I own them
Now if some one ask about me having unregistered guns I would be a little more cautious about my answer.
A doctor has no need to ask me if I own a gun unless im sitting in his office bleeding from a gunshot wound claiming I was just cleaning it!!
My opinion of gun control is hitting what you are aimed at with a good grouping!
I like BamaDude comments.
Thanks Greg Evers for doing a good job on gun issues!
The only time a doctor should be asking a question of that nature is if they have reason to beleive that the person is capable of harming someone else or themselves. That is normally due to mental illness. Might I add the doctor should have confirmation in hand before asking the client about a weapon. Other wise it is an infringement on your rights. Where you realize it or not there is a thing called MIB which is a Medical Information Bureau. Every time you go to a doctor, clinic or have emt come out to help you it is reported to them. The Federal Government and the insurance companies are suppose to be the only ones who can access it. Now if the doctor or clinic’s are doing their jobs under the mandate that was trying to be put in place just where do you think this information would go. Remember I said the government and insurance companies had access to it. Do you think for one second that your insurance company would not rate you up for more premium or drop you if they knew you have firearms on your property? Don’t beleive me check it out ask you insurance company about it or your agent I am sure they will affirm it to you if they have been in the business for any length of time.
It is time for Americans to tell the government to step out of our lives not step into it. What we do as long as we are following the laws is our business not theirs. And might I add we are the people who can vote a law in or out. Other wise we have then got a dictatorship. If we are not careful that will be exactly what we have. Just my 2 cents worth.
Ummmm and WHY am I supposed to care if the Bureau of Alcohol, Tobacco and fire arms knows I have a gun.
That is just to insure we are not lawless is it not? I am not lawless with my gun,
so why do I care again?
Ok, here is the larger issue (for those who might wonder what this is about).
Most providers are using a standard data entry program that simplifies
insurance billing. The NRA is concerned that this system could be used
by other agencies (like the BATF) to identify gun owners.
I know this sounds crazy, but the US has moved in the direction of compliance with
UN treaties which would require the government to monitor gun ownership.
No tin foil hats required to see that this one is likely.
If my doctor asked me if I owned a gun, I would say, yes Doctor I do, but I promise
not to use it on any of the selfish imbeciles that get me riled because they
are just too afraid of their rights being violated to think about some one else’s common good.
Whatsa matta boys you think your doctor gonna come take your wittle play
toys away lol
As for this Great State of Florida……are you reading any of this stuff in this newspaper or any of the posts? Did you know this stuff is can be read
by anyone ALL over the United States or the World for that matter.
Remember statements like….
Shoot them, Bury them, and Shut up, how many times has it been said?
How about the words “Secret Killings”. Remember those a few times.
How about MR. GET OUT OF MY WAY, and I won’t even mention the
writings of the people who come one here and some of us can’t even
read or understand their english.
Remember that Doctors see Lab. reports on their clients and they
know who has mental problems or depression. They also know that
they keep drugs at their office to give to patients who need to try a
medication to see if they can tolerate it before a scrip for 30 is written.
They also keep drugs for people to try who don’t have prescription insurance.
They try to help people, but they don’t want the liability of a nut with a gun
who is a patient. I’m sure they don’t want to ask everyone, just the ones
that they might be able to prevent some tragedy that they can clearly see
coming. It might even be to protect one of YOU from one of your own
LOVED ONES.
Probably just another thing nobody here cares about.
Gee I don’t know why Nice Doctors don’t want to come here.
Why do they need to know? Do they treat you better if you do? I bet not!!!
Why do they need to know? Do they treat you better if you do? I bet not!!!
Even more amazing is the fact that “physician groups vowed to fight the bill vigorously as it move forward, saying Florida already has a tough time recruiting doctors”.
Seriously, doctors would consider NOT coming to the great State of Florida because they can’t ask the question…”do you have a gun in the house?” This entire issue is borderline hilarious!!! Obviously, there are people with WAY too much time on their hands…LOL!!!
Amen Bamadude
This is the most INSANE thing I have ever heard of…I have NEVER (EVER) been asked by a doctor if there was a gun in my house…further more, if a doctor were to ask me that question, I would probably respond with…”Doc, that’s none of your business”.
The only reason I could see a Doctor asking a question such as gun ownership would be if the patient or family member or household member suffered from some sort of mental problems and that would be a strecth,just a thought.
Whether I do, or do not own firearms is NONE of my doctors business! Nor is it the business of my healthcare insurance provider.
Only a serious collector would even be interested in an insurance company knowing of their firearms, should the person wish to have a policy to cover loss of firearms that should be locked in a safe, secure place.
Outstanding.
“Doctors would be barred from asking most of their patients if they own guns under a measure that passed in a House panel on Tuesday after it was amended in response to doctors’ concerns – though not enough to win over the medical establishment. The bill sponsored in the Senate by Rep. Greg Evers, who represents the North Escambia area.”
Glad I voted for him.