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Are Doctors going to be policemen? - Printable Version

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Are Doctors going to be policemen? - samintx - 01-17-2013

It has been a back burner, forgotten legal expectation but brings it up in Obamacare and the current directives. I don't know if the reporting gun law for Doctors was the "gunshot wound" or if this old law went as far as asking if you own a gun. It is going to cause a firestorm in any event.


President Obama just signed 23 executive actions to curb gun violence, and gun advocates are already in a fit over one directive regarding healthcare professionals. Except that the order actually just preserves a legal expectation for doctors to report on their patients that has existed for 37 years. The sixteenth and seventeenth points on Obama's outline today read:
Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.


Re: Are Doctors going to be policemen? - beagledave - 01-17-2013

Republicans Accuse Obama of Using Position as President to Lead Country

http://www.newyorker.com/online/blogs/borowitzreport/2013/01/republicans-accuse-obama-of-using-position-as-president-to-lead-country.html


Re: Are Doctors going to be policemen? - the_poochies - 01-17-2013

Having a gun in your home potentially shortens your lifespan because it increases the threat of gun accidents.

Sorta like smoking or participating in other dangerous activities that may shorten your lifespan and/or increase the number of times you visit your doctor.


Re: Are Doctors going to be policemen? - samintx - 01-17-2013

the_poochies wrote:
Having a gun in your home potentially shortens your lifespan because it increases the threat of gun accidents.

Sorta like smoking or participating in other dangerous activities that may shorten your lifespan and/or increase the number of times you visit your doctor.

???? I don't think so. Accidents happen but shortening life?


Re: Are Doctors going to be policemen? - cbelt3 - 01-17-2013

sam, there are already many laws on the books that REQUIRE various professionals to report their patients for various things. Drugs, being a threat to themselves or others, etc...

A doctor is not a Catholic Priest hearing Confession. A doctor is also responsible for the health of the Public, not just their patients.

I will note that there *are* laws that forbit medial personnel from sharing MEDICAL information with anyone. A federal law. HIPAA ?

I will also note that an Executive Order may NOT tell you what the Law says. It may only tell you how the Executive Branch intends on interpreting and enforcing the law (which is dependent on later legal or legislative action).

The executive orders have not yet been made public on the whitehouse's web site. That's the only official place to see them. You may be dealing with idle speculation.


Re: Are Doctors going to be policemen? - samintx - 01-17-2013

cbelt3 wrote:
sam, there are already many laws on the books that REQUIRE various professionals to report their patients for various things. Drugs, being a threat to themselves or others, etc...

A doctor is not a Catholic Priest hearing Confession. A doctor is also responsible for the health of the Public, not just their patients.

I will note that there *are* laws that forbit medial personnel from sharing MEDICAL information with anyone. A federal law. HIPAA ?

I will also note that an Executive Order may NOT tell you what the Law says. It may only tell you how the Executive Branch intends on interpreting and enforcing the law (which is dependent on later legal or legislative action).
The executive orders have not yet been made public on the whitehouse's web site. That's the only official place to see them. You may be dealing with idle speculation.

I'm not dealing with anything. I quote from the NY TIMES and I'm asking a question. How far do HIPPA laws go with gun directives? I have a PDF of the directives that were released yesterday.


Re: Are Doctors going to be policemen? - cbelt3 - 01-17-2013

Samintx-
Yeah, that's a 'position paper'. Summarizes the Orders. It's not the Order. The President may only state that he is not enforcing the law in this particular case. The Order may have more detail.

So, guess what ?

Your "Medical Privacy" only exists when it's convenient to the President of the United States.

But since he can have you whacked with the stroke of a pen (Drone strike on citizen), what's the diff ?


Re: Are Doctors going to be policemen? - OWC Jamie - 01-17-2013

Constantly needing to reload will take months off your life.


Re: Are Doctors going to be policemen? - Pam - 01-17-2013

samintx wrote:
It has been a back burner, forgotten legal expectation but brings it up in Obamacare and the current directives. I don't know if the reporting gun law for Doctors was the "gunshot wound" or if this old law went as far as asking if you own a gun. It is going to cause a firestorm in any event.


President Obama just signed 23 executive actions to curb gun violence, and gun advocates are already in a fit over one directive regarding healthcare professionals. Except that the order actually just preserves a legal expectation for doctors to report on their patients that has existed for 37 years. The sixteenth and seventeenth points on Obama's outline today read:
Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

Think they should stop asking parents and kids about bicycle helmet usage? Or asking if you have a smoke alarm or CO2 detector? Or wear a seatbelt? This is no different. If you own a gun you are 43% more likely to suffer a gunshot wound. If a doc asks if you own a gun, taken a safety class, practice shooting, etc is that so bad? The NRA has prevented the health industry from gathering data where it relates to guns. Not out of concern for us personally, but looking out for the gun and ammo manufacturers. Just look at what they do for their bottom line every time there's a shooting, democrat president, a democrat running for anything, even shootings of every stripe. It's incredible really.

Reality is you probably won't get asked by many doctors about this even though they can.


Re: Are Doctors going to be policemen? - Spock - 01-17-2013

At the other end of the spectrum is this NRA sponsored idiocy in Florida. It passed and was signed into law by Rick 'the reptile' Scott and it forbade Doctors from asking about gun ownership. The American Medical Association had developed a policy suggesting that its doctor members inquire about guns "as part of childproofing the home and to educate patients to the danger of firearms to children."

The Gun Owners' Privacy Law stated that physicians were open to disciplinary actions including up to a $5 million fine and 5 years prison time, if they asked a patient about gun ownership without a compelling medical reason.

Fortunately this law was struck down by the courts.


The NRA is a malevolently evil organization, the propaganda arm of the small arms industry. No responsible gun owner should have anything to do with it.