US 11th Circuit Court of Appeals Rules Florida Docs can't ask

That pretty well sums it up. As far as I'm concerned, the doc can ask whatever he wants - he just needs to accept the fact that I'm not providing information on things I feel are irrelevant to my ailment.

 

http://miamiherald.typepad.com/nake...g-in-challenge-to-2011-docs-v-glocks-law.html

 

The Obamacare bureaucrats overseeing the healthcare industry that they own 1/6th of are not gonna like this at all.

Well, too bad.

 

I don't see this ruling as a win for freedom. It's a law restricting people's private speech.

 

Just remember, it is not against the law to lie to your doctor.

 

I open carry to my son's pediatrician so they really don't need to ask. I'm still waiting for the ok to carry on base (not holding my breath) in which case I'll start carrying to my doc as well.

 

I disagree. I see it more as regulating professional behavior, where state grants license to practice.

If there was no license requirement, then yes 1st ammendment applies.

 

There is a difference between limiting questions and limiting the gathering of information. The doctor can ask "how's the car/boat/horse/business", but those don't have any business being on my charts unless I'm there for a car/boat/horse/business related injury. The distinction is very small but quite important to me.

If the government starts controlling my doctor's non-medical dialog with me, we've got a discriminated-against caste, not a protection of rights. Now if the government decides it's not legal for my healthcare provider or my health insurance company to record my ownership firearms, that's another thing entirely.

 

When this law was first passed I was against it for that same reason. But after seeing the extreme anti-gun positions taken by various medical groups (eg, American Pediatrics Association) I changed my position. If my doc wants to discuss what I'm carrying, how it shoots, etc that's OK with me. Same as if we'd discuss a new putter (if I golfed). But none of that information has any business being in my medical records for some unknown bureaucrat to screw around with for whatever reason.

My current doc has no problem with me OCing in her office. She's asked about help choosing a gun for herself, where to practice locally, etc. No agendas being pushed, as it should be.

 

We get asked about guns all the time by our docs and pediatricians. We literally say, "I'm sorry, we don't discuss subject matter outside the field of medicine with our medical professionals." The docs jump back into the field of medicine, and we move on with the rest of the appointment.

 

I understand that but do they also ask how you store your steak knives or your household cleaning products or the ubiquitous sh*t that little kids always manage to stuff into their mouths? No, they don't. And they shouldn't. Having a medical degree doesn't make them any better or worse at parenting than you or I. It's just another approach for the gov to enforce its mandate on us.

 

Are we talking about private doctors and private industry or government doctors and a government healthcare system?

If we're talking government doctors in official government capacity, they should already be bound by the 1A to not push their religion onto me, the 2A to not interfere with my RTKABA, the 4A for searches and privacy, the 5A for self incrimination, the 10A and so on. No additional law should be needed.

 

These are private (non governmental) medical practices. They all seem to use a computer based electronic web form when they go through the questions. The gun questions are embedded as part of a series of other health related questions. Yes, I've asked why they don't ask if I keep my tires properly inflated, operate heavy machinery in the yard or have high ledges around the house. They say they just input answers for the standard questions included with their software package. It seems like the electronic forms and questions are part of a software/web suite almost every doctor uses to manage patient data. Every doctor seems to have the same software and exact same list of questions. It's as if the AMA has mandated them.

If there are any doctors here, please help shed some light on what or who is driving the questions. I personally think it's the AMA.

 

I also believe it is the leftist AMA, either "inspired" by or asked to do so by the federal government.

 

Noticed that too, huh? My doc's office manager called me several weeks ago asking if I would be interested in signing up for their "electronic medical portal" so that I would have all kinds of control over my medical records, blah, blah, blah. I said OK thinking it's for her practice only and she sends me the web link. I start looking the thing over and discover my records end up being managed by some firm in MI that I never heard of along with thousands of records from thousands of other practices all over the country. WTF? Needless to say I haven't signed up.

 

Wollschlaeger v. Governor of the State of Florida


Read more: http://www.cbs46.com/story/32268298...e-takes-center-stage-in-atlanta#ixzz4CE44Lnsd


ETA: http://harvardlawreview.org/2015/01/wollschlaeger-v-governor-of-florida/