http://lawprofessors.typepad.com/firstamendment/2011/01/florida-bill-would-bar-doctors-from-asking-patient-or-family-about-guns-in-home.htmlFla. State Rep. Jason Brodeur has introduced H.B. 155, which provides:
1)(a) A verbal or written inquiry by a public or private physician, nurse, or other medical staff person regarding the ownership of a firearm by a patient or the family of a patient or the presence of a firearm in a private home or other domicile of a patient or the family of a patient violates the privacy of the patient or the patient's family members, respectively.
(b) A public or private physician, nurse, or other medical staff person may not condition receipt of medical treatment or medical care on a person's willingness or refusal to disclose personal and private information unrelated to medical treatment in violation of an individual's privacy as specified in this section.
(c) A public or private physician, nurse, or other medical staff person may not enter any intentionally, accidentally, or inadvertently disclosed information concerning firearms into any record, whether written or electronic, or disclose such 43 information to any other source.
A violation would be a third degree felony and could be punished with a fine “of not more than $5 million if the court determines that the person knew or reasonably should have known that the conduct was unlawful.” As the Palm Beach Post reports, the NRA has identified the bill a priority item on its agenda for this Florida legislative session. The legislative proposal would clearly invite a strong challenge as an unconstitutional prior restraint if enacted.
a. A physician is charged with ensuring the health of the patient. A gun in a home can seriously affect the health of the patient. der...
b. Conversations between a physician and a patient are confidential. der too...
