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Abstract
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On 16 February 2017, the Eleventh Circuit Court of Appeals overturned key provisions of Florida's Firearm Owners' Privacy Act (FOPA), the 2011 "gag law" that sought to deter physicians from discussing firearms with patients (1, 2). This 10-to-1 decision focused on physicians' and patients' First Amendment rights to freedom of speech. It upheld the original District Court ruling in favor of physicians who had challenged FOPA and nullified 3 prior opinions by a panel of the Eleventh Circuit Court itself. Four provisions of the law were challenged, and the court invalidated 3 of them. The invalidated provisions related to the following.
Recordkeeping: FOPA held that a physician or medical professional "may not intentionally enter any disclosed information concerning firearm ownership into [a] patient's medical record" if he or she "knows that such information is not relevant to the patient's medical care or safety, or the safety of others" (2).
Inquiry: FOPA provided that a physician or medical professional "should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home" unless he or she in "good faith believes that this information is relevant to the patient's medical care or safety, or the safety of others" (2).
Anti-harassment: Under FOPA, a physician or medical professional "should refrain from unnecessarily harassing a patient about firearm ownership during an examination" (2).
The court held that the Second Amendment rights of patients do not outweigh the First Amendment rights of providers: "The Second Amendment right to own and possess firearms does not preclude questions about, commentary on, or criticism for the exercise of that right" (1). It found no evidence that health care providers had been inappropriately asking, documenting, or counseling about firearm safety, or that even "blanket questioning on the topic of firearm ownership is leading to bad, unsound, or dangerous medical advice" (1). The court also noted that there was no evidence that providers had been engaged in efforts to confiscate firearms. As a result of these findings, it remains legal for health care providers in Florida and elsewhere to ask and educate their patients about firearms and to document these discussions in the medical record...
Language: en |