• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

New 11th circuit decision - limit docs from asking about guns is OK

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Mr. Eugene Volokh missed the point.

Did not a Virginia citizen have his 2A rights (and freedom) infringed because a doctor (medical professional) had a good faith belief? A doctor carries a great power and HIPAA will not protect you from his mistaken good faith belief.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Did you tell him? He will correspond in public and in private.
Does he not read OCDO? In the years that he has posted his thoughts on various matters in the newspaper a response to comments, the rational and thoughtful ones, is rare to say the least.

Mr. Eugene Volokh can come here to OCDO and explain his rational for thinking that a doctor has the right to ask a question not directly related to the medical ailment for which the citizen in front of him is requesting his advice.

Mr. Eugene Volokh can come here and explain how HIPAA is a safeguard against a mistaken good faith belief.

Mr. Eugene Volokh can come here and explain if a patient can bring a civil action against a doctor for his mistaken good faith belief.

Mr. Eugene Volokh can come here and explain how the ACA affects a citizen's ability to find a new doctor. Cloaking his premise with "most/many patients can find a new doctor" is nothing but a escape clause for his false comparison.

Some doctors likely do ask some such questions, on a relatively blanket basis. The questions are at least as intrusive as questions about guns; indeed, many people find some such information more private than gun ownership.
:question:

Did not Mr. Eugene Volokh consider that a doctor may be a state (government) employee? http://caph.org/

But even if one views the Second Amendment discussion as shorthand for an asserted interest in protecting people’s gun possession against (some) private restrictions, here no doctor’s speech has any power to take away any guns. Even if the doctor’s speech is mistaken (and indeed I find much “public health” literature about guns to be quite weak), “harassing,” or not sufficiently “relevant,” no amount of my doctor’s speech will cause my gun to disappear.
Mr. Eugene Volokh needs to review HIPAA.

http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_for_law_enforcement_purposes/505.html

No, Mr. Eugene Volokh can come here and explain himself...not that he has any obligation to do so, he can always choose to ignore me and my requests/views and find another consumer of his views to interact with.

Mr. Eugene Volokh...yes, I do not hold Mr. Eugene Volokh in a high regard.
 

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
I sent Eugene a polite email asking him if it would be ok for Florida to enact a statute requiring doctors to become certified firearms safety instructors as a professional requisite to dispensing firearms safety advice as part of their medical practice. I'd love to hear his reply and if I get one, will post it.

That would actually be a good law in my humble opinion. Nothing would be funnier than listening to opposing arguments from those who think that doctors should be allowed to dispense firearms safety advice without having first received any firearms safety training.
 
Last edited:
Top