doctors cannot ask about guns

Status
Not open for further replies.
jillio said:
Doctors don't report to police. You really have no idea what you are talking about here, Jiro. You are running on pure emotion and you are making huge mistakes as a result.
Click to expand...

there ya go :)

Statutes & Constitution :Search Statutes : Online Sunshine
"790.24 Report of medical treatment of certain wounds; penalty for failure to report.--Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff's department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."
Click to expand...
 
jillio said:
Running a mental health check is not the same thing in any way as accessing a doctor's records. And, the whole point is that he has to sign a form giving consent for that information to be released. A state trooper cannot just walk into a doctor's office and demand records. He is confused.
Click to expand...
I am never confused about gun subject otherwise I shouldn't be owning one :)

jillio said:
Exactly. He has to sign consent. Otherwise, the records cannot be accessed. Only if a patient gives consent. Otherwise, it takes a court order regarding a case that is on trial. And even then, there is certain information that does not have to be released.
Click to expand...
exactly why a mark in file can make an impact on whether or not I can own a gun.
 
souggy said:
Not to mention... He comparing New Jersey's gun registry to a survey. Even if there's a hyperbole, comparison or even a juxtaposition to be made, it's a poor choice of one.
Click to expand...

again - I believe that NJ's gun registry system is, in fact, illegal and unconstitutional. Chicago and DC lost. Maryland's next. then NJ and NYC.
 
StSapphire said:
Your own quote specifically says that it has nothing to do with gun ownership, only with the reporting of treatment of an injury caused by a gunshot.
Click to expand...

I'm not sure I follow.
 
Jiro said:
I'm not sure I follow.
Click to expand...

You're worried about doctors asking if you own a gun. Then you said you were worried about doctors reporting you to someone for that. The statute you mentioned only deals with doctors informing police that someone they've worked with has been shot. Nothing else. That has nothing to do with gun ownership.

I'd understand resistance to a law requiring doctors to ask if you own a gun. But requiring them to specifically not ask about it doesn't make any sense unless you think that someone asking you a question is out of line.
 
StSapphire said:
You're worried about doctors asking if you own a gun. Then you said you were worried about doctors reporting you to someone for that. The statute you mentioned only deals with doctors informing police that someone they've worked with has been shot. Nothing else. That has nothing to do with gun ownership.

I'd understand resistance to a law requiring doctors to ask if you own a gun. But requiring them to specifically not ask about it doesn't make any sense unless you think that someone asking you a question is out of line.
Click to expand...

Right. It's ridiculous that this is even happening.
 
"790.24 Report of medical treatment of certain wounds; penalty for failure to report.--Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff's department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."
Click to expand...


Knife wounds and injury from an act of violence also falls under this.
 
Jiro said:
I'm not sure I follow.
Click to expand...
As stated before. A doctor asking a routine question during a routine exam if there is a gun in the house is not required and has no reason to report the owner of the gun.
 
Also of note - a doctor isn't like a cop or something. If you're really so paranoid as to think that your doc is gonna report you for owning a gun... then lie to them. There's nothing illegal about that. If my doctor asks me if I'm sexually active and I say no... it doesn't matter. Same for if they ask if you own a gun. So, there's still no issue.
 
LoveBlue said:
As stated before. A doctor asking a routine question during a routine exam if there is a gun in the house is not required and has no reason to report the owner of the gun.
Click to expand...

Exactly. And that information, as contained in the medical records is protected under HIPPA and all priviledged and confidential communication laws.
 
LoveBlue said:
As stated before. A doctor asking a routine question during a routine exam if there is a gun in the house is not required and has no reason to report the owner of the gun.
Click to expand...

The only reason why a doctor would be asking such a question is if he's treating a patient with a gunshot wound. I would assume that ER docs ask this question a lot more than other doctors.
 
deafskeptic said:
The only reason why a doctor would be asking such a question is if he's treating a patient with a gunshot wound. I would assume that ER docs ask this question a lot more than other doctors.
Click to expand...

ER doctors are generally more concerned with saving a gunshot victims life than with asking routine questions to open the door to discuss gun safety.
 
deafskeptic said:
The only reason why a doctor would be asking such a question is if he's treating a patient with a gunshot wound. I would assume that ER docs ask this question a lot more than other doctors.
Click to expand...
No, it's a routine question just like "are there smokers in the house".
 
Babyblue said:
Knife wounds and injury from an act of violence also falls under this.
Click to expand...

Exactly. Because it is obvious that a law has been broken. Altogether different situation than a pediatrician saying, "Do you have a gun in your home?" and then providing information which is intended to protect the children living in that home.
 
Jiro said:
I am never confused about gun subject otherwise I shouldn't be owning one :)


exactly why a mark in file can make an impact on whether or not I can own a gun.
Click to expand...

So, you would prefer that we not access mental health records, and just allow actively psychotic, homicidal, and suicidal people to purchase guns at will?
 
Jiro said:
I am never confused about gun subject otherwise I shouldn't be owning one :)


exactly why a mark in file can make an impact on whether or not I can own a gun.
Click to expand...

You are very confused regarding the release of medical information.
 
LoveBlue said:
As stated before. A doctor asking a routine question during a routine exam if there is a gun in the house is not required and has no reason to report the owner of the gun.
Click to expand...
they don't report but they can mark it in their file. what happens next? I don't know. Medical Insurance? Most likely since they're the one who is paying for my bills.

StSapphire said:
Also of note - a doctor isn't like a cop or something. If you're really so paranoid as to think that your doc is gonna report you for owning a gun... then lie to them. There's nothing illegal about that. If my doctor asks me if I'm sexually active and I say no... it doesn't matter. Same for if they ask if you own a gun. So, there's still no issue.
Click to expand...

1. nothing will happen if you say you're not sexually-active or not smoking because it's not illegal to lie to doctors.
2. But you will be reported to government if you have AIDS.
3. Something COULD happen if you honestly answered doctor's question that you do own a gun.
 
jillio said:
You are very confused regarding the release of medical information.
Click to expand...

and you are very confused regarding gun law especially in states like NJ and NY.
 
Status
Not open for further replies.
Back
Top