Doctors, groups clash over asking patients about firearms...
By Rita Rubin, USA TODAY
Three states are considering laws that would penalize doctors and other health care providers for asking patients or their parents whether they have a gun at home.
The National Rifle Association and other pro-gun interest groups argue that doctors violate patients' Second Amendment right to keep and bear arms by inquiring about gun ownership. Doctors say they ask only because of safety concerns. Prohibiting them from asking about guns likely violates the First Amendment, at least one constitutional law expert says.
Two weeks ago, the Florida Legislature became the first to pass such legislation. Republican Gov. Rick Scott, known to support gun rights, is expected to sign it. A similar law moved out of committee in the Alabama House of Representatives April 21, while another remains in committee in the North Carolina Senate.
The American Academy of Pediatrics' position on firearm-related injuries states "the absence of guns from children's homes and communities is the most reliable and effective measure to prevent firearm-related injuries" to them.
Timothy Wheeler, a retired surgeon in Upland, Calif., founder and director of Doctors for Responsible Gun Ownership, cites the position statement as proof that pediatricians want to ban firearms. Pediatric residents "think it's normal to ask about guns in the home," he says. "They don't understand that it is an ethical boundary violation."
Louis St. Petery, a Tallahassee pediatric cardiologist and executive vice president of the Florida Pediatric Society, says prevention, not politics, drives children's doctors to inquire about firearms. "We have a gun in our home," St. Petery says. "I'm not against guns."
The first funeral of a patient he ever attended was that of a 2-year-old who was shot and killed at home by a 5-year-old sibling, St. Petery says. "I'm afraid that some people are going to stop asking" because of the new legislation, which imposes a $500 fine for the first violation, he says. "As a result, I think more children will be injured and killed by improperly stored firearms."
Pippa Abston, a Huntsville, Ala., pediatrician , blogged a few weeks ago, "Dear NRA, You are not the Boss of me!"
"We're not talking to parents about gun control," Abston said in an interview. "We're talking about safety."
She says she worries lawmakers will try to restrict doctors' freedom to talk to patients about other "hot button" issues, such as vaccines.
Constitutional law expert Erwin Chemerinsky of the University of California-Irvine says banning doctors from asking about guns likely is unconstitutional because it restricts speech on the basis of content, which is "allowed only if it serves a compelling interest and there is no other way to achieve it."
By Rita Rubin, USA TODAY
Three states are considering laws that would penalize doctors and other health care providers for asking patients or their parents whether they have a gun at home.
The National Rifle Association and other pro-gun interest groups argue that doctors violate patients' Second Amendment right to keep and bear arms by inquiring about gun ownership. Doctors say they ask only because of safety concerns. Prohibiting them from asking about guns likely violates the First Amendment, at least one constitutional law expert says.
Two weeks ago, the Florida Legislature became the first to pass such legislation. Republican Gov. Rick Scott, known to support gun rights, is expected to sign it. A similar law moved out of committee in the Alabama House of Representatives April 21, while another remains in committee in the North Carolina Senate.
The American Academy of Pediatrics' position on firearm-related injuries states "the absence of guns from children's homes and communities is the most reliable and effective measure to prevent firearm-related injuries" to them.
Timothy Wheeler, a retired surgeon in Upland, Calif., founder and director of Doctors for Responsible Gun Ownership, cites the position statement as proof that pediatricians want to ban firearms. Pediatric residents "think it's normal to ask about guns in the home," he says. "They don't understand that it is an ethical boundary violation."
Louis St. Petery, a Tallahassee pediatric cardiologist and executive vice president of the Florida Pediatric Society, says prevention, not politics, drives children's doctors to inquire about firearms. "We have a gun in our home," St. Petery says. "I'm not against guns."
The first funeral of a patient he ever attended was that of a 2-year-old who was shot and killed at home by a 5-year-old sibling, St. Petery says. "I'm afraid that some people are going to stop asking" because of the new legislation, which imposes a $500 fine for the first violation, he says. "As a result, I think more children will be injured and killed by improperly stored firearms."
Pippa Abston, a Huntsville, Ala., pediatrician , blogged a few weeks ago, "Dear NRA, You are not the Boss of me!"
"We're not talking to parents about gun control," Abston said in an interview. "We're talking about safety."
She says she worries lawmakers will try to restrict doctors' freedom to talk to patients about other "hot button" issues, such as vaccines.
Constitutional law expert Erwin Chemerinsky of the University of California-Irvine says banning doctors from asking about guns likely is unconstitutional because it restricts speech on the basis of content, which is "allowed only if it serves a compelling interest and there is no other way to achieve it."
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I had no idea this was going on. I can understand the idea of asking because there are some people who are not educated about gun safety, but where will it stop? Think about what else doctors could ask - driving habits, television choices, internet viewing, etc. Should we make a LAW telling doctors they will be fined for asking? I don't think so. You have every right to tell the doctor it's none of their business.
How far do we let things go? Another hot-button issue: there's a lot of drama over cell phone searches without a warrant. Do you want an officer to search your cell phone if you get pulled over? Where does THAT stop? Will they then be allowed to search your laptop and/or camera if it's in your car also? This stuff needs to stop before it even begins.
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