SunShine 2012/07/06 14:30:41

If you have a gun in your home, can doctors be allowed to refuse you treatment?

At least one federal judge thinks so, and she has issued a permanent injunction against a Florida law that would have forced doctors to provide their service.

Last year, Florida passed the “Firearm Ownership Privacy Act,” which bars doctors from asking patients about guns in the home, “unless the practitioner in good faith believes the information is relevant to the patient’s medical care or safety” and would impose sanctions if doctors “unnecessarily harass a patient about firearm ownership.”

The law was passed after an Ocala, Fla., couple complained that a doctor had asked them about guns and after they declined to answer refused to see them anymore.

But U.S. District Judge Marcia Cooke had issued a temporary injunction after three doctors sued the state, claiming the “gag order” on talking to their patients about guns was an infringement of free speech and the doctor-patient relationship.

The resulting legal battle became known as the “Docs vs. Glocks” case.

The doctors were backed in the case by various physicians organizations, the American Civil Liberties Union and the Washington-based Brady Center to Prevent Gun Violence.

The National Rifle Association, however, which helped push the law through the legislation, was barred by the judge from participating in the lawsuit, as Cooke claimed the state was fully capable of defending itself.

In a ruling issued late last week, Cooke decided for the doctors and made her injunction against the law permanent.

“The state, through this law, inserts itself in the doctor-patient relationship,” Cooke wrote in her 25-page ruling, “prohibiting and burdening speech necessary to the proper practice of preventive medicine, thereby preventing patients from receiving truthful, non-misleading information. … This it cannot do.”

Cooke asserted furthermore that the anti-harassment language of the bill is too vague and “does not provide fair notice as to what range of conduct it prohibits.”

Dan Gross, president of the Brady Center, celebrated the decision.

“Guns in the home are a proven deadly risk,” Gross said in a statement. “The government cannot tell us or our doctors that we are prohibited from discussing the deadly risks posed by guns.”

Florida Governor Rick Scott’s spokesman, Lane Wright, told the Palm Beach Post that the governor was considering whether or not to appeal the decision, but Rep. Jason Brodeur, a Republican who sponsored the bill, and the Florida Senate’s general counsel, Craig Meyer, both said they believed Scott would appeal.

AS AN ADDED NOTE: The hypocrisy of this is Medical errors are responsible for as many as 100,000 or more deaths a year in the US..
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  • Annie~Pro American~Pro Israel 2012/07/07 15:44:01
    Annie~Pro American~Pro Israel
    Heck, probably most Doctors own guns themselves.
  • Marlene... Annie~P... 2012/07/10 02:28:53
    Marlene Wilkins
    Mine does, and she and I go the range together whenever she can make time for it. :-)
  • SunShine Marlene... 2012/07/10 02:40:37
    she refuses to treat you medically?
  • Marlene... SunShine 2012/07/10 02:43:35
    Marlene Wilkins
    Nope, she's also a friend and a SOLID believer in home defense via firearms. We discuss guns and such because it's a shared interest, and she considers having a gun in-home for defense as a good preventative measure against 'premature death by home invasionitis'.
    Why can't more Doc's be like that???
  • SunShine Marlene... 2012/07/10 02:54:05
    I think many are but I am sure the government is going to make them ask about guns..
  • Marlene... SunShine 2012/07/10 03:00:02
    Marlene Wilkins
    Likely, yah.
  • Bevos 2012/07/07 13:26:10
    No DR. has the right to ask me if I have a gun or not. He should just assume that EVERYBODY has one, and not kill anybody. If a Dr. asked me if I have a gun, I would assume he is a lousy Dr. and has killed some of his patients.
  • Walt 2012/07/07 12:56:55
    If doctors around here refuse to treat patients who own guns, they will be twiddling their thumbs all day long and they won't have a patient base.

    I wouldn't want to give a liberal doctor any business anyway, since liberals don't have good work ethics and he might miss something important.
  • memebev1 2012/07/07 09:45:31
    I can't imagine a doctor asking that question unless you threaten to harm yourself or someone else. Gun control anywhere you can get it front door or backdoor. We have the RIGHT to carry!!
  • SunShine memebev1 2012/07/07 13:52:22
    you got it Bev.. maybe some day they will get it!!
  • RayG 2012/07/06 23:24:11
    Let me guess.....the idiot Cooke is a democrat
  • SunShine RayG 2012/07/07 00:24:20
    HOW COULD YOU TELL???.. lol
  • RayG SunShine 2012/07/07 00:44:40
    Easy....her stupid comment is a dead giveaway
  • SunShine RayG 2012/07/07 03:42:20
    yes.. I was being facetious
  • Tink123 2012/07/06 20:19:14 (edited)
    Can a doctor or business deny their services to people who are gay?

    Part of living in a free society is accepting that not everyone will approve of who you* are or how you live. Many may even discriminate against you wrongly. But a that's what makes a free society 'free;' i.e. free choice. If you're not free to be wrong or irresponsible, you're not free at all.

    Everyone has the right to be who they are and live their lives the way they see fit provided their actions do not infringe on the equal rights of others.

    Does someone have the right to FORCE other people to provide their services against their consent? I don't think so.

    Most conservatives didn't think so either on the issue of a photographer refusing their services to a gay couple. Let's make up our minds folks - which is it?
  • SunShine Tink123 2012/07/07 00:26:54
    that is not the point Tinka.. people are free to withhold services.. choose who they wish to serve or service.. however.. it is way out of line for a doctor to be asking a patient if he is a gun owner.. that IS NONE OF HIS BUSINESS. .. nor should it have any effect on whether or not the doctor decides to service him!!
  • Tink123 SunShine 2012/07/07 00:29:58
    I agree - it shouldn't, but it's still their right to refuse service. We can't force people to serve us, that's slavery whether the person being forced into service is being paid or not. If freedom is our goal - all interaction must be based on voluntary, mutual consent.

    If a patient doesn't like a line of questioning coming from their doctor - they're free to find a different doctor. Seems simple to me. A business can't survive without customers - no matter how valuable a profession it may be.
  • SunShine Tink123 2012/07/07 03:44:15
    but it's still not what it was about.. the Dr. has no business asking about gun ownership any more than my mechanic has business to ask me about my sex life or what diseases I have had.. and if that is the basis for his refusal of service then it's wrong.
  • Tink123 SunShine 2012/07/07 03:47:20
    There are a lot of things that are wrong that aren't necessarily illegal.
  • SunShine Tink123 2012/07/07 06:23:29
    didn't say it was illegal.. just wrong.
  • Tink123 SunShine 2012/07/07 06:43:31
    I don't disagree that it's wrong - please, don't mistake me there. It's intrusive and irrelevant. But it is not illegal and the more preferable solution to the problem, imho, is to simply vote with our feet.
  • Bevos Tink123 2012/07/07 13:30:10
    If you agree, then why argue?
  • Tink123 Bevos 2012/07/07 15:42:42
    lol That's not arguing, it's ethical consistency.
  • Bevos Tink123 2012/07/08 12:21:02
    OK LOL!
  • Tink123 Bevos 2012/07/08 12:48:31
    Yes, I aware - the concept eludes many.
  • Rodney 2012/07/06 19:59:19
    There goes the Hippocratic Oath.
  • JackoClubs 2012/07/06 19:46:54 (edited)
    i don't know if I'm understanding this.

    What business is it of the doctor, whether or not you own a gun? Did you bring it to his/her office? If not, then it's none of his/her business.
  • Jan Haskell 2012/07/06 19:33:22
    Jan Haskell
    I don't get it .... are these doctors making house calls?
  • Bevos Jan Has... 2012/07/07 13:33:56
    No. They are Activists against gun-rights.
  • shenendoah 2012/07/06 19:33:05
    Now, if you had a gun the dr wouldn't have much choice would he?. How would a dr know in the first place? is that question now on your medical history form. Besides who would want this idiot dr treating you anyway. sheesh
  • ed 2012/07/06 19:15:35
    WTF does having a gun in your home have to do with going to see your doctor in the first place?Don't tell me you might have a bullit stuck up your ass and it could go off in the doctors office.
  • SunShine ed 2012/07/06 21:44:40
    lolol.. good one!!
  • MarinerFH 2012/07/06 19:06:44
  • snipe 2012/07/06 18:40:03
    Here we go; this is just another example of backdoor gun control, and if obama wins reelection he'll be kickin' in the front door!
  • sbtbill 2012/07/06 17:02:57
    If a doctor doesn't want to treat gun owners I guess that is his/her right.
  • SunShine sbtbill 2012/07/06 19:00:35
    what business is it of a dr. to ask you if you have a gun... Then it's ok if you ask him if he's
    got one?? or ask him if he takes drugs??
  • ed sbtbill 2012/07/06 22:02:26
    so if a doctor doesn't want to treat an illegal that's okay to?
  • Georgia50 2012/07/06 16:57:03
  • SunShine Georgia50 2012/07/06 19:02:30
    I believe the progressives have been working hard behind the scenes in the past 15 years to replace every judge in every district and city and state courts.. and they have been very successful at it.. We must simply replace them again.. and make sure next time we stay awake.
  • Mr. T 2012/07/06 16:48:02
    Mr. T
    If I have a gun, I can make them treat anyone I like.

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