Censorship of the Patient-Physician Relationship

Abstract

In June 2011, Florida House Bill 155 (HB155) became law, marking an unprecedented intrusion into the patient-physician relationship. The law states that licensed Florida health care practitioners and health care facilities “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 or other domicile of the patient or a family member of the patient.” Additionally, practitioners and facilities are instructed against recording such information (if disclosed) in the medical record. Some exceptions apply. These exceptions are broad, but poorly defined, and violators face disciplinary action from the Board of Medicine under Florida Statute §456.072(2) that may include penalties such as suspension or revocation of a clinician's license or an administrative fine of up to $10 000. Effective primary care requires asking patients about their decisions and behaviors that can place themselves and others at risk of injury or disease, like the decision to own a gun and how to store it. With this law, the Florida legislature set a dangerous precedent. If this law is allowed to stand, what will physicians be forbidden from asking patients next? And at what cost, to their professional identity, the patient-physician relationship, and the health of patients who look to them for specialized knowledge, informed and open counseling, and protection from harm? A copy of the law may be viewed at: http://laws.flrules.org/files/Ch_2011-112.pdf Privacy of Firearm Owners, CS/CS/HB 155. Fla Stat §790.338 (2011) Language: en