- Lindsey Murtagh, JD, MPH;
- Matthew Miller, MD, MPH, ScD
In June 2011, Florida House Bill 155 (HB155)1 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. Exceptions accompany both prohibitions. If a clinician “in good faith believes” that the information is “relevant to the patient's medical care or safety, or the safety of others” she or he may inquire; entry into the medical record is only prohibited if the clinician “knows” it is “not relevant.”
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. Given the potentially harsh penalties for breaching the law and the vague guidance regarding exceptional circumstances, this Florida law, entitled “Privacy of Firearm Owners,”1 will likely have a chilling effect on patient-physician discussions about the risks posed by a gun in the home, even in situations permissible under the statute. We believe this law is a form of censorship that directly undermines the sanctity of the patient-physician relationship. With other states having considered bills similar to the Florida firearm owners' privacy law,2 we explore the medical, ethical, and legal issues presented by the law./.../
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