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"Docs vs. Glocks" and the Regulation of Physicians' Speech
1Dr. Appelbaum, who is editor of this column, is the Elizabeth K. Dollard Professor of Psychiatry, Medicine and Law, Department of Psychiatry, Columbia University, New York.
Psychiatric Services (Washington, D.C.)
|June 16, 2017
Summary
Physicians can discuss firearm safety with patients. A court ruled Florida
Area of Science:
- Medical Ethics
- Public Health Law
- Physician-Patient Communication
Background:
- Physicians increasingly advise patients on safe firearm storage.
- Florida enacted a law restricting physicians from inquiring about firearm ownership.
- This law was perceived as infringing upon patients' rights and physicians' speech.
Purpose of the Study:
- To analyze the legal challenge against Florida's law restricting physician inquiries about firearm ownership.
- To examine the court's decision regarding physicians' free speech rights in patient communication.
Main Methods:
- Legal analysis of the court case challenging Florida's "Docs vs. Glocks" law.
- Review of the U.S. 11th Circuit Court of Appeals' ruling and its legal reasoning.
Main Results:
- The U.S. 11th Circuit Court of Appeals struck down Florida's statute.
- The court affirmed that physicians' free speech rights encompass discussions with patients about firearm safety.
- This decision may set a precedent for similar cases nationwide.
Conclusions:
- The ruling protects physicians' ability to engage in crucial conversations about firearm safety.
- This legal victory reinforces the importance of open communication in patient care and public health.
- The decision could impact future legislation attempting to limit medical advice on sensitive topics.
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