Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Eleventh Circuit Upholds Florida's Patient Privacy Law

Thursday, November 6, 2014

In a victory for gun owners who simply seek medical care, not political philosophy, from their doctors, the U.S. Court of Appeals for the Eleventh Circuit has upheld the NRA-supported Florida’s Firearm Owner’s Privacy Act. This law was passed after an escalating series of events in which patients were harassed or denied access to services because they refused to be interrogated by their doctors about their ownership of firearms. The case, Wollschlaeger v. Governor of Florida, vindicated Florida’s attempt to protect patients from being forced to divulge personal information that is irrelevant to their own medical treatment.

In challenging the law, Dr. Wollschlaeger and the other plaintiffs insisted they had a First Amendment right to routinely grill patients on their choices concerning firearm ownership, without regard to any good faith belief such information was relevant to the patient’s individual case. They also alleged the law’s proscriptions were unconstitutionally vague.

The Court of Appeals rejected these claims.  “The essence of the Act,” the court’s opinion stated, “is simple: medical practitioners should not record information or inquire about patients’ firearm-ownership status when doing so is not necessary to providing the patient with good medical care.” Accordingly, the court determined that “[t]he Act merely circumscribes the unnecessary collection of patient information on one of many potential sensitive topics.”

As the court noted, nothing in the Florida law prohibits doctors from expressing their views about firearms or about any other medical or public policy issue. Rather, the law is within keeping of long-established “codes of conduct that define the practice of good medicine and affirm the responsibility that physicians bear” and “protects a patient’s ability to receive effective medical treatment without compromising the patient’s privacy with regard to matters unrelated to healthcare.”

The NRA participated in the case with a friend of the court brief in the Eleventh Circuit proceedings, and a number of the points it made are echoed in the majority opinion of the court. The brief challenged the plaintiffs’ case on several grounds, arguing that the physicians and organization do not have standing to bring the suit, that the Act does not violate the First Amendment, and that the Act is not unconstitutionally vague.

 

In arguing against the plaintiffs’ standing, the brief explained that the act does not “chill” the plaintiffs’ speech, as “the Act by its terms simply does not restrict the speech in which [the plaintiffs] wish to engage.” 

 

While disputing the plaintiffs’ First Amendment claims, the brief noted that the Act is a “reasonable regulation of speech incidental to the practice of medicine.” The NRA filing explained the Act serves the State’s interest in protecting the privacy of patients, as well as the patients’ exercise of Second Amendment rights. In concluding the First Amendment argument, the brief declared, “The Firearm Owners’ Privacy Act is another reasonable regulation of the medical practice. It exhorts doctors to stick to practicing medicine when examining patients, rather than pushing their own political agendas, and it protects patients from doctors who refuse to do so.”


Plaintiffs in the case have requested additional review before a full panel of the Eleventh Circuit, but the court has not yet ruled on the petition for rehearing. In the meantime, however, patients who prefer to focus on their symptoms, and not their doctors’ politics, in the examination room should have more reason to feel at ease. 

TRENDING NOW
Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

News  

Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

News  

Hunting  

Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

News  

Friday, February 17, 2017

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

Times are tough in the Constitution State, where Democrat governor Dannel Malloy of Connecticut, despite governing the fifth wealthiest state in the nation, where 25% of households earn more than $100,000 and 10% earn more ...

Media Smears the Disabled, Misinforms on Social Security Gun Ban

News  

Friday, February 17, 2017

Media Smears the Disabled, Misinforms on Social Security Gun Ban

Last week, the Richmond Times-Dispatch issued an editorial titled, “Time to license guns - for journalists,” which cited an embarrassing string of journalistic blunders to illustrate the media’s dearth of firearms knowledge. The piece concluded, ...

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

South Dakota: Bill Introduced to Silence NRA Communications

Friday, February 17, 2017

South Dakota: Bill Introduced to Silence NRA Communications

Recently introduced in the House of Representatives is House Bill 1200, legislation that would severely limit your NRA-ILA’s ability to communicate with its membership in South Dakota.

New Mexico: Beware of "Fake News" Regarding HB 50!

Sunday, February 19, 2017

New Mexico: Beware of "Fake News" Regarding HB 50!

Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.