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Doctors and Guns
#1
This revised opinion by the 11th Circuit Court of Appeals is making the news …

http://media.ca11.uscourts.gov/opinions/pub/files/201214009.reh.pdf

In my last visit to the doctor for an overdue physical, I was asked “Do you own guns?”  I said, “Yes.  Why do you care?”  The answer was something along the lines of gun ownership is a public health issue.  I changed doctors.  I suspect that many of the readers of this forum have had similar experiences.

In Florida, questioning about gun ownership reached a level that the legislature passed a law that restricted doctors from harassing or questioning patients about gun ownership.  The legislative record consisted of instances where doctors terminated their patients’ accounts when the patients (usually a parent who brought their child to a pediatrician) refused to answer questions about gun ownership in their family.  Violations of the Act were punishable by disciplinary action by Florida’s medical regulator.

Doctors challenged the law on 1stAmendment grounds – the state cannot prohibit them from asking patients about gun ownership – and the trial/district court enjoined enforcement of the Act because it contained content-based restrictions on doctors’ free speech rights.  The Appellate Court reversed the District Court.

In my view, this case should be read in light of recent administrative agency efforts (1) to use social service agencies – the VA and Social Security – to declare beneficiaries mental incompetents when they appoint a fiduciary to handle their financial affairs; (2) to classify gun ownership and use as per se dangerous (e.g., the Denver Fire Department’s proposed rules to ban storage of more than 10,000 rounds of ammo as a fire hazard and the Forest Service efforts in Colorado to restrict firearms to designated shooting areas (that will likely not be funded)); and (3) to require local businesses that are not traditionally regulated as common carriers (e.g., cake decorators) to serve individuals they do not want to serve.  

I fear that at some point, by administrative fiat (e.g., as a condition of receiving Medicare $$, doctors/health care providers must report to NCIS), one's medical records will find their way to the NCIS database.  e.g., "prescribed/recommended _____ to patient to deal with anxiety/insomnia issues, or patient using medical marijuana for pain management.  Patient reports he is a gun owner."  Based on this medical record reported to NCIS, NCIS classifies patient as mental incompetent or drug addict.
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#2
(08-01-2015, 10:21 AM)MarkS Wrote: This revised opinion by the 11th Circuit Court of Appeals is making the news …

http://media.ca11.uscourts.gov/opinions/pub/files/201214009.reh.pdf

In my last visit to the doctor for an overdue physical, I was asked “Do you own guns?”  I said, “Yes.  Why do you care?”  The answer was something along the lines of gun ownership is a public health issue.  I changed doctors.  I suspect that many of the readers of this forum have had similar experiences.

In Florida, questioning about gun ownership reached a level that the legislature passed a law that restricted doctors from harassing or questioning patients about gun ownership.  The legislative record consisted of instances where doctors terminated their patients’ accounts when the patients (usually a parent who brought their child to a pediatrician) refused to answer questions about gun ownership in their family.  Violations of the Act were punishable by disciplinary action by Florida’s medical regulator.

Doctors challenged the law on 1stAmendment grounds – the state cannot prohibit them from asking patients about gun ownership – and the trial/district court enjoined enforcement of the Act because it contained content-based restrictions on doctors’ free speech rights.  The Appellate Court reversed the District Court.

In my view, this case should be read in light of recent administrative agency efforts (1) to use social service agencies – the VA and Social Security – to declare beneficiaries mental incompetents when they appoint a fiduciary to handle their financial affairs; (2) to classify gun ownership and use as per se dangerous (e.g., the Denver Fire Department’s proposed rules to ban storage of more than 10,000 rounds of ammo as a fire hazard and the Forest Service efforts in Colorado to restrict firearms to designated shooting areas (that will likely not be funded)); and (3) to require local businesses that are not traditionally regulated as common carriers (e.g., cake decorators) to serve individuals they do not want to serve.  

I fear that at some point, by administrative fiat (e.g., as a condition of receiving Medicare $$, doctors/health care providers must report to NCIS), one's medical records will find their way to the NCIS database.  e.g., "prescribed/recommended _____ to patient to deal with anxiety/insomnia issues, or patient using medical marijuana for pain management.  Patient reports he is a gun owner."  Based on this medical record reported to NCIS, NCIS classifies patient as mental incompetent or drug addict.

And of course, like many liberal laws, they ignore the unintended consequences. How many people will avoid needed treatment of it means they lose their guns?
Did you exchange
A walk-on part in the war
For a lead role in a cage?
-Pink Floyd...or was it Benjamin Franklin?
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#3
I always say "LIE, LIE, LIE"

I have figured for years that medical info would one day be the possession of the gooberment, there fore I haven't put non-pertinent truthful information on those doctors initial questionnaires for YEARS. I encountered the "are there firearms in the household" once at a specialist's office, I just checked NO and went on with what I needed to do to get the care I needed, F-'EM

If you compiled all the info from the various doctor's offices you would find I am an African-American, Hispanic, South Pacific Islander, Native-American of Asian Decent who has never smoked, drank alcohol, engaged in promiscuous sex or engaged in hazardous sports and always wears my seat-belt.
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