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Gun Question at doctors office?

Redbaron007

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As I read the law it does not prohibit them from asking, only disclosing.

571.012.
1. No health care professional licensed in this state, nor anyone under his or her supervision, shall be required by law to:
(1) Inquire as to whether a patient owns or has access to a firearm;
(2) Document or maintain in a patient's medical records whether such patient owns or has access to a firearm; or
(3) Notify any governmental entity of the identity of a patient based solely on the patient's status as an owner of, or the patient's access to, a firearm.
2. No health care professional licensed in this state, nor anyone under his or her supervision, nor any person or entity that has possession or control of medical records, may disclose information gathered in a doctor/patient relationship about the status of a patient as an owner of a firearm, unless by order of a court of appropriate jurisdiction, in response to a threat to the health or safety of that patient or another person, as part of a referral to a mental health professional, or with the patient's express consent on a separate document dealing solely with firearm ownership. The separate document shall not be filled out as a matter of routine, but only when, in the judgment of the health care professional, it is medically indicated or necessitated.
3. Nothing in this section shall be construed as prohibiting or otherwise restricting a health care professional from inquiring about and documenting whether a patient owns or has access to a firearm if such inquiry or documentation is necessitated or medically indicated by the health care professional's judgment and such inquiry or documentation does not violate any other state or federal law.
4. No health care professional licensed in this state shall use an electronic medical record program that requires, in order to complete and save a medical record, entry of data regarding whether a patient owns, has access to, or lives in a home containing a firearm.

This law is a joke. This legislature did a rope-a-dope with the public. Instead prohibiting the asking, they just prohibited the forced 'asking' by law. In other words, it only prohibits the State, County and City Health agencies from asking this question. Any Dr can still ask it and record it in your file. The good part is you don't have to answer if it isn't part of the health issue. Any comments the Dr makes will be his/her assumption.
 

color of law

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Federal law prohibits asking the questions. I have a doctor friend says they cannot ask. He also said some doctors just don't care and they are going to ask.
 

MAC702

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Federal law prohibits asking the questions. I have a doctor friend says they cannot ask. He also said some doctors just don't care and they are going to ask.

Why do I hear some states having laws against it if there is already a federal law against it? How is the federal law worded?
 

Redbaron007

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Federal law prohibits asking the questions. I have a doctor friend says they cannot ask. He also said some doctors just don't care and they are going to ask.

Can you point to me where that is? HIPAA may be what they are referring to. It is the umbrella that prohibits the dissemination of the health related information, except under certain circumstances, but doesn't prohibit the asking. IIRC, AMA came out and requested doctors to ask as well as the equivalent to AMA but for Pediatrics.
 

solus

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and here i got lambasted for pointing out Fed appeals court upheld the ban on FL doc asking about gun ownership...

as well as the push by the American Academy of Pediatrics and seven other health professional organizations and the American Bar Association have released a call for action to reduce firearm-related injury and death in the United States, according to a statement published online February 23 in the Annals of Internal Medicine.

seems the bar association is pushing hard as are other health care professional organizations...so not sure there is a federal mandate or they would be challenging that per se...

ipse
 

color of law

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Can you point to me where that is? HIPAA may be what they are referring to. It is the umbrella that prohibits the dissemination of the health related information, except under certain circumstances, but doesn't prohibit the asking. IIRC, AMA came out and requested doctors to ask as well as the equivalent to AMA but for Pediatrics.
Look at my post [strike]#7[/strike] #11. That is Obama care. Any collection of data relating to guns is verboten.
 
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MAC702

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Look at my post [strike]#7[/strike] #11. That is Obama care. Any collection of data relating to guns is verboten.

What if you aren't using Obamacare? I know nothing about how Obamacare works. I pay cash to see my doctor and pay a penalty at the end of the year for not having Obamacare.

It's too complicated to figure out how to do it any other way.
 

davidmcbeth

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What if you aren't using Obamacare? I know nothing about how Obamacare works. I pay cash to see my doctor and pay a penalty at the end of the year for not having Obamacare.

It's too complicated to figure out how to do it any other way.


How it works, when it works, if it works, works for who...etc

I'm not done reading it yet.
 

Redbaron007

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Look at my post [strike]#7[/strike] #11. That is Obama care. Any collection of data relating to guns is verboten.

In reading the the info you posted; under the wellness and preventative programs section, it doesn't say a doctor is prohibited from asking, it means they cannot be mandated to ask and record. It appears the patient is not required to answer. However, if the doctor asks and the patient responds, the doc can record.

If it is prohibited, whats the penalty?

What are the other sections stance on firearms/ammunition?

Knowing there are thousands of pages for Obamacare, I'd like to see what the other areas say, too. This snippet looks like it is only addressing one area; Wellness and Preventative Programs.
 

twoskinsonemanns

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WV
I have been asked. My answer was "I'm not answering that question." But to be fair this was not precisely because it was 2A related. I answered the same way to any question not related to the reason I was there. He became annoyed enough to argue about it after I would not tell him if I had any siblings. After a little arguing I conceded to change my answer to something along the lines of "I do not have any siblings with any health problems that I am aware of."
 

davidmcbeth

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Or answer the query the same way I answered it to 2 G-men : you'll find out

One of the G-men busted a gut (older guy) ... younger guy was not happy at all.
 

F350

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I have been asked. My answer was "I'm not answering that question." But to be fair this was not precisely because it was 2A related. I answered the same way to any question not related to the reason I was there. He became annoyed enough to argue about it after I would not tell him if I had any siblings. After a little arguing I conceded to change my answer to something along the lines of "I do not have any siblings with any health problems that I am aware of."

LIE, LIE, LIE

Argumentative answers likely go down as a yes. Questions that are irrelevant get false answers (I don't drink alcohol, I've never used tobacco, I've never engaged in promiscuous sex...). If you combine all those questionnaires I've filled out at various doctors offices you'd find I am an African American, Asian, Native American, South Pacific Islander of Latino descent between the ages of 45 & 90.
 

davidmcbeth

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LIE, LIE, LIE

Argumentative answers likely go down as a yes. Questions that are irrelevant get false answers (I don't drink alcohol, I've never used tobacco, I've never engaged in promiscuous sex...). If you combine all those questionnaires I've filled out at various doctors offices you'd find I am an African American, Asian, Native American, South Pacific Islander of Latino descent between the ages of 45 & 90.

"Are you married or happy?"
 

Jaysann22

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St Louis
I think that the Dr. violated MO law by asking about guns in the home unless he did so because of a court order. See the URL below for the complete bill that was passed by the MO legislature and vetoed by the Gov then the veto was over ridden.

http://www.moga.mo.gov/mostatutes/stathtml/57100000121.html

I have noticed that many Pediatricians ask this at the doctor's office. I can't remember if I just said no or I left it blank as it's none of their business. But I also cannot see them filling in Yes simply because you left it blank. That would be falsifying medical records which is a felony. What really pissed me off was that they also sent home a brochure about the dangers of firearms in homes with children. And HIGHLY suggests firearms be removed from the home. It's highly intrusive.
 

solus

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I have noticed that many Pediatricians ask this at the doctor's office. I can't remember if I just said no or I left it blank as it's none of their business. But I also cannot see them filling in Yes simply because you left it blank. That would be falsifying medical records which is a felony. What really pissed me off was that they also sent home a brochure about the dangers of firearms in homes with children. And HIGHLY suggests firearms be removed from the home. It's highly intrusive.

why you draw a straight singular line through blank spots on forms. some have been known to initial both sides of said singular line to preclude any perception their hand slipped with the pen while filling out the form.

and you have been to 'many pediatricians'....prolific i shall presume.

ipse

added: this line of questioning has been advocated and promoted by the American Pediatrician Association and discussed out here previously.
 
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