Doctors required to ask about guns in the home. Do you have to answer?

[No2rdame]

I'm going to use the Lois Lerner response and say that my counsel has advised me to plead the fifth amendment.

 

[Smokepole]

I LIKE THIS....^^^ or give a random answer such as..."I ride in an automobile nearly every day".

Or purple, because dolphins are allergic to couches.

 

[Smokepole]

Lying on any federal matter is a federal crime.



Smallest Lie to Federal Agent Is a Crime, High Court Rules - Los Angeles Times

18 U.S.C. § 1001 : US Code - Section 1001

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

IANAL but, my read on that statute is it pertains to investigations conducted by Federal Agencies, Congress, etc. or where one is trying to get payment, documents, services etc. from the Gubmint or any of it's agencies. Docs, hospitals, and such aren't conducting criminal investigations and you are paying for treatment from your Doc and/or hospital. Not the Gov't. They haven't been Nationalized. YET!

 

[churchmouse]

I have never been asked. I would go with the "Lets stay on point her Doc." response.

 

[Prometheus]

Some basic proofreading would help the blog as well.

Blogspot is notorious for chopping paragraphs in half when you add a photo. Looks like the formatting has been fixed.

 

[Expat]

Let's see... Who do I believe? Snopes, a trusted anti-hoax site?

I don't know of anyone that trusts Snopes that is to the right of Stalin.

 

[rambone]

IANAL but, my read on that statute is it pertains to investigations conducted by Federal Agencies, Congress, etc. or where one is trying to get payment, documents, services etc. from the Gubmint or any of it's agencies. Docs, hospitals, and such aren't conducting criminal investigations and you are paying for treatment from your Doc and/or hospital. Not the Gov't. They haven't been Nationalized. YET!

Well, the word "criminal" doesn't appear anywhere in the exceptionally broad text.

"...in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States..."

 

[HotD]

Let's see... Who do I believe? Snopes, a trusted anti-hoax site? Or a blog site no one has ever heard of. I trust Snopes.......

There is enough anecdotal evidence to question the validity of Snopes.com as being worthy of trust by objective standards.

https://www.google.com/search?q=sno...80,d.dmQ&fp=8526038e809b8fdf&biw=1366&bih=598

 

[random_eyes]

I've stopped sharing my social security number on medical forms. It will only be used against you? I'm pretty sure they don't read any of what I answer, as I always end up repeating it to the first person who processes me.

 

[CA expat]

The doctor asks you this in the portion of the visit called a "Patient History". The specific subsection of the History that the question lies under is the "Prevention and Safety" section. In the very same section the doctor will also ask questions like, " Do you drive? if so do you wear a seat-belt?" The point of asking about whether you own guns is to ask a follow up question like, "Do you practice firearm safety? Keep them locked or in a place that is not accessible to children?"
The primary purpose is to ensure that you are thinking about gun safety.

That said there are times that knowing about gun ownership does come into play in medicine. Assuming that this is your general practitioner asking about gun ownership, and that you have a decent relationship with your GP (not likely now that docs can barely give you 15 min), he may bring it up if he thinks talking about it might best preserve your safety and the safety of people around you. For example, you have uncontrolled diabetes and you begin loosing vision and the ability to feel in your fingertips. The doctor, knowing that you have firearms may be concerned that you may not be able to distinguish who you are pointing your gun at and how much pressure you are placing on that trigger. All the doctor can do in this situation is ask whether you are still keeping a firearm around and whether you are being safe with your reduced vision and touch-sensation. The doctor has no power to report you or have your guns taken away, UNLESS you give any indication that you might hurt yourself or others.

About whether you have to answer truthfully. The information you give your doctor only helps him know about risks and helps him put the puzzle pieces together. If you lie about guns, it may never affect you. You can also lie about STDs, how many sex partners you have and your sex practices, smoking habits, drinking habits, etc. but these lies may seriously impact the ability for your doctor to identify risks and make connections to your health status. Not telling the truth about guns probably won't make your doctor miss that Hepatitis B infection, lying about sex/intravenous drug use might.

Alright, i have typed too much.

 

[glockednlocked]

OMG! NOOO WHO WOULD HAV E GUNS I THOUGHT OBAMA GOT RID OF THEM OOOOY I HATE REDNECKS AND TEA PEOPLE

 

[manygunsmike]

I'm manygunsmike so my answer is YES I OWN GUNS !!!

manygunsmike

 

[GodFearinGunTotin]

I routinely don't answer all the questions on a doctor's questionnaire. I file this in the same folder as "don't talk to the police"

^^^^^^^This^^^^^^^

I've never been asked this question by my doctor or one of his/her staff but I have seen it on some of their forms. Just because a question is asked, does not mean it must be answered--especially if it is not germane to reason I am hiring his/her services.

 

[traderdan]

Really the BEST thing to do is to stay away from doctors,hospitals,most medicine,unless you are going to die otherwise! (This advice comes straight from an ER doctor who is a friend of mine...) It is hard for them to ask you questions when you do not go!

 

[level.eleven]

Really the BEST thing to do is to stay away from doctors,hospitals,most medicine,unless you are going to die otherwise! (This advice comes straight from an ER doctor who is a friend of mine...) It is hard for them to ask you questions when you do not go!

I would just like to chime in here.

This post is pure ignorance.


Really the BEST thing to do is to stay away from doctors,hospitals,most medicine,unless you are going to die otherwise!

These are the words of a mad man. Reading this makes it hard for me to oppose increased scrutiny of mental health and firearm ownership.

 

[SERparacord]

There has been some confusion over what doctors and hospitals do and don't have to ask about guns.

There has also been some confusion as to if a patient has to answer.

Do they have to ask now? Do they have to ask in 2014? Do you have to answer now? Do you have to answer in 2014?

13C - Thirteen Colonies: Doctors required to ask about guns in the home. Do you have to answer?

Those 2,700+ pages of ObamaCare don't just deal with the IRS either...

Read your own link.

"direct the Department of Health and Human Services to ask (not require) physicians and hospitals to ask new patients and patients being admitted into hospitals for things like same day surgeries about firearms in the home.

 

[88GT]

The doctor asks you this in the portion of the visit called a "Patient History". The specific subsection of the History that the question lies under is the "Prevention and Safety" section. In the very same section the doctor will also ask questions like, " Do you drive? if so do you wear a seat-belt?" The point of asking about whether you own guns is to ask a follow up question like, "Do you practice firearm safety? Keep them locked or in a place that is not accessible to children?"
The primary purpose is to ensure that you are thinking about gun safety.

And if the answer to those questions is 'no,' what then? Why does the doc need to know this anyway?

That said there are times that knowing about gun ownership does come into play in medicine. Assuming that this is your general practitioner asking about gun ownership, and that you have a decent relationship with your GP (not likely now that docs can barely give you 15 min), he may bring it up if he thinks talking about it might best preserve your safety and the safety of people around you. For example, you have uncontrolled diabetes and you begin loosing vision and the ability to feel in your fingertips. The doctor, knowing that you have firearms may be concerned that you may not be able to distinguish who you are pointing your gun at and how much pressure you are placing on that trigger. All the doctor can do in this situation is ask whether you are still keeping a firearm around and whether you are being safe with your reduced vision and touch-sensation. The doctor has no power to report you or have your guns taken away, UNLESS you give any indication that you might hurt yourself or others.

That's a stretch. I'm gonna go out on a limb and say you're a health care professional or you play one on television.

I hire docs to TREAT sore throats, persistent cases of dermatitis, or get rid of the ****ty stuff called cancer as the case seems to be lately. Not act as a residential version of OSHA.

About whether you have to answer truthfully. The information you give your doctor only helps him know about risks and helps him put the puzzle pieces together. If you lie about guns, it may never affect you. You can also lie about STDs, how many sex partners you have and your sex practices, smoking habits, drinking habits, etc. but these lies may seriously impact the ability for your doctor to identify risks and make connections to your health status. Not telling the truth about guns probably won't make your doctor miss that Hepatitis B infection, lying about sex/intravenous drug use might.

As long as doc keeps the questions relevant to my health, and the reason I'm in his office that day, I will usually tell the truth.

But I've been known to fabricate out of whole cloth the blood sugar numbers during my 2nd pregnancy. So who's to say what will come out of my mouth?

 

[HenryWallace]

Really the BEST thing to do is to stay away from doctors,hospitals,most medicine,unless you are going to die otherwise! (This advice comes straight from an ER doctor who is a friend of mine...) It is hard for them to ask you questions when you do not go!

^^^^^ THIS!!!!^^^^^^

 

[88GT]

^^^^^ THIS!!!!^^^^^^

We're all gonna die anyway. Guess hoosierdoc should seek another line of employment since nobody is going to need him now.

 

[HenryWallace]

I would just like to chime in here.

This post is pure ignorance.


Really the BEST thing to do is to stay away from doctors,hospitals,most medicine,unless you are going to die otherwise!

These are the words of a mad man. Reading this makes it hard for me to oppose increased scrutiny of mental health and firearm ownership.

No such thing as a general practitioner, now they're all specialists... So instead of telling you what you did wrong, they tell you how to counteract the pill that they just gave you with this other pill, and to be careful taking that other pill because it needs to be taken with this pill....