heheheehe.....Doctors in Florida can
legally counsel patients about gun risks under a federal appeals court
ruling that strikes down the state’s controversial “Docs vs. Glocks” gun
law.
The 11th Circuit Court of
Appeals in Atlanta ruled Thursday that Florida’s National Rifle
Association-backed law violated doctors’ First Amendment rights.
The Firearm Owners’ Privacy Act, signed
in 2011 by Gov. Rick Scott (R), broadly prohibited doctors, emergency
room workers and other health care professionals from asking patients
whether they had guns, except in vaguely defined circumstances “relevant
to the patient’s medical care or safety.”
The law said doctors “should
refrain from unnecessarily harassing a patient about firearm ownership
during an examination” and prohibited discrimination against firearms
owners by refusing care or counseling against firearm ownership.
Violators faced huge fines and revocation of their medical license.
The law was immediately
challenged by the Brady Center to Prevent Gun Violence, which sued the
state on behalf of several doctors and more than 11,000 health care
organizations.
Doctors routinely ask
patients about potential hazards in the home, including drugs,
chemicals, firearms and swimming pools. The American Medical Association
for nearly 30 years has encouraged members to ask about guns in
particular “as a part of childproofing the home and to educate patients
to the dangers of firearms to children.”
The NRA and other gun
advocates cited six anecdotes of patients who complained questions about
firearms ownership invaded their privacy. In one instance, a
pediatrician advised a mother who wouldn’t reveal whether she kept a gun
in her home to find another doctor.
Florida’s gun laws are weaker than all but a handful of other states, according to rankings by the non-profit group Law Center to Prevent Gun Violence.
Jonathan Lowy, co-counsel in the case and director of the Brady Center to Prevent Gun Violence, praised the court’s decision.
“Today’s
ruling is an important victory for public safety and free speech
rights, and a crushing defeat for the corporate gun lobby and the
politicians who do its bidding,” Lowy said in a statement. “Politicians
and special interest lobbies have no business standing between doctors
and their patients, or keeping doctors from telling people the truth
about the risks of guns or other products.”
The ruling can be appealed to the U.S. Supreme Court.
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