ACP disagrees with Florida court decision preventing physicians from asking about guns

ACP strongly disagrees with the July 25 Florida court decision upholding a state law that bars doctors from asking patients about gun ownership, according to a press release.

The ruling in the case, which included the Florida ACP chapter as a plaintiff, overturned a decision by a lower court that had struck the law down 2 years ago. The ruling said that there is no First Amendment protection for doctors providing their best medical advice to their patients.

“At the very least, this ruling is destructive to the patient-physician relationship,” said ACP President David A. Fleming, MD, MA, FACP. “Many doctors ask about gun ownership as a normal part of screening patients, including it on a long list of health questions about drug and alcohol use, smoking, exercise, and eating habits.”

The panel of the 11th U.S. Circuit Court of Appeals last week described the law as a “legitimate regulation” of professional conduct that simply codified good medical care. The court stated that physicians can continue to ask patients about firearms until the case is reviewed by the entire 11th Circuit.

This legislation could limit physicians from asking their patients about firearm ownership and prevent the discussion of firearms' safe storage and handling, ACP said. Firearms education of both adults and children has been shown to decrease the likelihood of unintentional injury or death. The presence of improperly stored firearms in the home can present a health danger to patients and others.

Earlier this year, ACP issued a position paper with 9 recommendations on firearms-related injuries and death that included preserving the rights of doctors to counsel their patients on preventing deaths and injuries from firearms.

“ACP believes this issue is much bigger than guns,” Dr. Fleming concluded. “We believe it addresses whether the government or any other body should be allowed to tell physicians what they can and can't discuss with their patients, consistent with evidence-based standards of care.”