Court ruling another blow to physician counseling on gun safety from the AAP Department of Community, Chapter and State Affairs
A Florida law that prohibits physicians from counseling families about safe storage of firearms does not violate their First Amendment right to free speech, the U.S. Court of Appeals for the 11th Circuit ruled in a 2-1 decision on July 28.
This was the second time the appeals court ruled on the case. Although the court voided its 2014 ruling, it still upheld the Privacy of Firearms Owners Act, which restricts physicians, nurses and medical staff from asking patients and their families about firearms. Physicians accused of violating the law would be sent before the Florida Board of Medicine for disciplinary action.
Signed by Florida Gov. Rick Scott in June 2011, the law was challenged by the Academy, individual pediatricians other medical associations.
The Academy is working with attorneys representing the Florida chapters of the Academy, the American Academy of Family Physicians, the American College of Physicians and the individual physician plaintiffs to seek further review of the decision before the full 11th Circuit. The injunction blocking enforcement of the law remains in effect until the full 11th Circuit decides whether to rehear the case. If the court agrees to the rehearing, the injunction will remain in effect until a decision is issued.
The Academy continues to advise its members in Florida and throughout the United States to uphold the standard of medical practice and ask about the presence of guns in the environments of children, and counsel families in their care about the importance of storing guns safely.
"Practicing gun safety saves children's lives," said AAP President Sandra G. Hassink, M.D., FAAP. "The important message is that pediatricians in Florida continue to fight to protect children. Asking appropriate questions about guns in the home is good medicine."
In the resubmitted opinion, Judge Gerald Tjoflat wrote for the majority "good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient's care..." He also stated that the act is a "permissible restriction of physician speech."
According to Douglas Hallward-Driemeier, attorney for the plaintiffs, "The majority's opinion is deeply concerning because it marks the first time a court has upheld a state's attempt to silence doctors from engaging in patient counseling that is uniformly recommended by all the relevant national medical associations."
In his dissent, Judge Charles Wilson wrote, "Regardless of whether we agree with the message conveyed by doctors to patients about firearms, I think it is perfectly clear that the doctors have a right to convey that message."
In his dissent, Judge Charles Wilson wrote, "Regardless of whether we agree with the message conveyed by doctors to patients about firearms, I think it is perfectly clear that the doctors have a right to convey that message."
Since the Florida legislation was signed into law in 2011 and was upheld by the 11th Circuit appeals court in 2014, at least 12 other states have introduced bills restricting physician counseling on firearm safety, but none have been enacted. In 2015, four states introduced bills, but none have passed.
"This is because state legislators know that this type of law is a blatant violation of a physician's First Amendment rights," said Anne R. Edwards, M.D., FAAP, chair of the AAP Committee on State Government Affairs.
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