Proposed Legislation Threatens Physician-Patient Communication Regarding Firearm Safety Reprinted with permission from the North Carolina Medical Society
New Regulation of the Practice of Medicine!
A bill pending consideration by the North Carolina House Appropriations Committee, HB 562, Second Amendment Affirmation Act, includes two unprecedented provisions in Section 15 of the bill.
The first provision would prohibit a physician from asking a patient about lawful gun ownership in any written form. While technically a physician could still verbally discuss lawful gun ownership with a patient, this unprecedented prohibition would constitute a dangerous new level of government intervention in the doctor-patient relationship. This intrusion into physician communication with the patient eliminates an important risk-evaluation tool for the physician.
Second, should a physician discuss with a patient the risks of guns in the home where children reside, Section 15 would prohibit a physician from sharing any information about that inquiry and the patient response with a government official or agency.
- This would prohibit the physician from complying with a lawful subpoena for medical records, should the physician have recorded any information about gun ownership in the record. If disclosed, the doctor could face a penalty from the NC Medical Board of up to $500.00 per violation.
- It would also prohibit sharing with law enforcement a patient's communication with the doctor indicating that the patient intended to commit suicide with a gun lawfully owned.
- Finally, this would make the sharing of medical records unlawful for those patients—including mental health patients—with Medicaid, Medicare or State Employee Healthcare insurance plans, if those records include any information about lawful gun ownership.
Please contact members of the N.C. House Appropriations Committee to make your voice heard. Contact your representatives and tell them to stay out of the physician-patient relationship and vote to remove Section 15 from HB562.
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