Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Case in Florida addresses doctors' freedom to ask patients about guns

Should doctors be able to ask their patients or patients' parents whether they own a gun? What about health insurers, employers or health care officials implementing the Affordable Care Act?

The issue is playing out in Florida, where a federal judge in July issued a permanent injunction against enforcement of a law that would have prohibited doctors from asking patients about gun ownership in many instances, saying the prohibition impinged on doctors' First Amendment right to speak with their patients about gun safety.

The law would have allowed physicians to ask about guns if it seemed relevant to a patient's medical care or safety — for example, if a patient was severely depressed or experiencing violence in the home. Florida is appealing the judge's ruling.

Six other states — Alabama, Minnesota, North Carolina, Oklahoma, Tennessee and West Virginia — have considered similar legislation in recent years, according to the Law Center to Prevent Gun Violence, though none has approved such a law.

The Affordable Care Act doesn't prevent doctors from asking patients about guns, but it does prohibit insurers, employers and Department of Health and Human Services officials from asking about gun ownership in many instances, and it prohibits HHS from collecting such data.

Employer-sponsored wellness programs, for example, are prohibited from asking people about gun use or storage. Such questions might be posed as part of a questionnaire that asks about risky health behavior such as smoking and inadequate exercise. Likewise, health insurers can't use gun ownership, use or storage as criteria for setting premiums or denying coverage.

Even without the new restrictions, such questions are rarely asked or acted on, say experts.

Physicians say that asking whether there are guns in the home and how they're stored should be part of routine discussions doctors have about hazards such as or unfenced swimming pools. In most instances, those conversations take place between pediatricians and parents of young children. In 2009, one in five deaths caused by injuries to people younger than 20 were related to firearms, according to the American Academy of Pediatrics' revised policy statement on gun-related injuries released in October.

But gun-rights advocates say information about gun ownership is no one else's business.

Case in Florida addresses doctors' freedom to ask patients about guns 11/28/12 [Last modified: Wednesday, November 28, 2012 7:53pm]
Photo reprints | Article reprints

Copyright: For copyright information, please check with the distributor of this item, Washington Post.
    

Join the discussion: Click to view comments, add yours

Loading...
  1. No touchdown, but fun lesson for Bucs' Adam Humphries

    Bucs

    It didn't end up being a touchdown, but one of the Bucs' biggest hustle plays in Thursday's win over Jacksonville saw receiver Adam Humphries scoop up a loose ball just before halftime, after what looked like an incompletion but was correctly ruled a Jameis Winston fumble.

    Bucs WR Adam Humphries runs to the end zone with QB Jameis Winston trailing -- his alert play wasn't a touchdown because teammates cannot advance a fumble in the final two minutes of a half.
  2. Bucs' Demar Dotson should be back from injury next week

    Bucs

    The Bucs got good news on starting right tackle Demar Dotson, whose MRI showed only a mild right groin sprain and should be back at practice next week.

    Bucs tackle Demar Dotson, shown last year when he signed a three-year contract extension, should only miss a week of practice with his groin injury and can return healthy for the Bucs' season opener at Miami in three weeks. [Octavio Jones | Times]
  3. Comedy legend Jerry Lewis dead at 91

    Obituaries

    LOS ANGELES — Jerry Lewis, the manic, rubber-faced showman who jumped and hollered to fame in a lucrative partnership with Dean Martin, settled down to become a self-conscious screen auteur and found an even greater following as the tireless, teary host of the annual muscular dystrophy telethons, has died. He was …

    In this Sept. 2, 1990, file photo, entertainer Jerry Lewis makes his opening remarks at the 25th Anniversary of the Jerry Lewis MDA Labor Day Telethon fundraiser in Los Angeles. Lewis, the comedian whose fundraising telethons became as famous as his hit movies, has died according to his publicist. [Associated Press]
  4. Mastermind of lottery rigging scam that netted millions faces 25 years

    Nation

    DES MOINES, Iowa — For a decade, computer programmer Eddie Tipton reliably showed up for work at the central Iowa office of the Multi-State Lottery Association and earned the confidence of his co-workers, a team of technicians entrusted to build computers used to randomly pick numbers for some of the most popular …

    FILE - In this June 29, 2017, file photo, Eddie Tipton, the former Multi-State Lottery Association information security director who admitted to masterminding a scheme to rig lottery games that paid him and others $2 million from seven fixed jackpots in five states, is seen in court in Des Moines, Iowa. Tipton is scheduled to be sentenced Tuesday, Aug. 22. (Rodney White/The Des Moines Register via AP, File) IADES501
  5. Pasco County man killed in wrong-way crash on New Jersey Turnpike

    Accidents

    MOUNT LAUREL, N.J. — Authorities say a Florida man driving the wrong way on the New Jersey Turnpike was killed when his SUV crashed head-on into another vehicle.