Is a medical care provider permitted to ask a patient about their gun ownership in their records?

MultiRegion, United States of America

The following excerpt is from Pickup v. Brown, No. 2:12-CV-02497-KJM-EFB (E.D. Cal. 2012):

Similarly, in Wollschlaeger v. Farmer, No. 11-22026-Civ, 2012 WL 3064336 (S.D. Fla. June 29, 2012), a district court considered a Florida statute that prevented a medical care provider from asking a patient about gun ownership and recording any information about gun ownership in a patient's records, subject to a few exceptions. The court described the act as imposing "content-based restrictions on practitioners' speech" because it "regulate[s] practitioners' inquiries [and] record-keeping . . ." on only one subject. Id. at *7. It observed that the law was "different from so many other laws involving practitioners' speech" because "it aims to restrict a practitioner's ability to provide truthful, non-misleading information to a patient . . . . The purpose of preventative medicine is to discuss with a patient topics that . . . informs [sic] the patient about general concerns that may arise in the future." Id. at *9. The

Page 15

Other Questions


Is a medical care provider permitted to ask a patient about gun ownership in their records? (MultiRegion, United States of America)
What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law? ("New York", United States of America)
What is the test for obtaining a warrant to obtain access to a medical records of a medical malpractice patient? (MultiRegion, United States of America)
What is the test for a plaintiff to bring a claim against a health and social services provider for failing to provide adequate medical and dental care in the context of medical malpractice? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
Does a reassessment of a health care provider's medical records need to be completed as part of an audit if the Minister intends to continue the audit? (Canada (Federal), Canada)
In a medical malpractice action, is a plaintiff entitled to damages intended to provide for future medical services? (MultiRegion, United States of America)
Is it sufficient or sufficient for a whole service to provide access to a full range of medical records? (MultiRegion, United States of America)
Can a nurse’s notes and hospital records be admitted as prima facie proof of the truth of their contents under the hearsay exception for medical records? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.