HB2823 Introduced. Prohibit physician questions re firearms.

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Charles L. Cotton
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by Charles L. Cotton »

rotor wrote:Charles, hypothetically if I were a physician (non psychiatrist) under this bill and I was about to see a patient that I suspected might be a Muslim jihadist would I be able to ask him if he had an AK-47 at home? Or would I be prosecuted by the Texas Medical Board for asking? Sounds ridiculous of course but a hypothetical. Or would it depend on whether I used the answer to decide on whether I treated him or not?
A physician can be disciplined by the Medical Board only if they ask the question, the patient refuses to answer, and the doctor refuses to treat the person because they would not answer the gun question.

Chas.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by mojo84 »

I recommend everyone that is interested in this subject read the articles and links I posted previously. Here is a link to a another good page from the Doctors For Responsible Gun Ownership.

http://www.drgo.us/?page_id=26" onclick="window.open(this.href);return false;
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by cb1000rider »

Mojo, I read it. It indicates that doctors are motivated by anti-gun politics and deep-seated prejudice against gun owners. It goes on to say that "public health gun control advocates" (I assume that refers to doctors or physician professional groups) make no distinction between law-abiding gun owners and gun-wielding criminals. That last part is a little over the top.

I've never met the doctor that the article talks about. Maybe he/she exists. If I was a physician, or especially a pediatrician, I'd be offended.

I understand why American Academy of Pediatrics gives the advice that they give. I don't think that it has anything to do with prejudice and much more to do with the unfortunate statistics. I think if blame should be placed there, it's not on pediatricians as they're following the data. I blame the people who created those preventable statistics. I'd rather focus on that than gagging doctors.

Chas, I wonder how many NRA members are physicians? I'd wager that the NRA has more than a few. They're people. They have opinions. Probably on both sides of the fence. Please, don't fry the whole group.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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cb1000rider wrote:I don't think that it has anything to do with prejudice and much more to do with the unfortunate statistics. I think if blame should be placed there, it's not on pediatricians as they're following the data. I blame the people who created those preventable statistics. I'd rather focus on that than gagging doctors.
I don't know what statistics you reference because there's certainly none that indicate firearms are a threat to public health. The bill deals with asking about firearms in the home and how they are stored. That clearly applies to accidental deaths. Accidental death by firearm rates very low in the top 10 causes of death in 2012. There were 164,819 violent deaths and only 22 were caused by firearms. Choking, drowning, poisoning, suffocation, fire/burns, all cause far more deaths, yet we don't see pediatricians and other specialties asking about those items, objects or activities. If a doctor or medical association cares about saving lives rather than achieving a political goal, then they would be asking about the things that are killing the most people, not the items that cause the fewest deaths. There are no statistics that support even voluntarily asking questions about guns.
cb1000rider wrote:Chas, I wonder how many NRA members are physicians? I'd wager that the NRA has more than a few. They're people. They have opinions. Probably on both sides of the fence. Please, don't fry the whole group.
Undoubtedly, there are many, including some on the NRA Board of Directors. They are among the loudest to sound the warning about politically motivated questioning of patients about firearms. A good friend is a nurse in a pediatricians office and they are required to ask the gun questions. The doctors in the practice don't like it, but to stay in good standing with the American Academy of Pediatrics, they comply with the Academy's very strong recommendation. At one time, the American Heart Association including a warning against owning firearms in their literature. I quit donating to the AHA for that very reason.

I'm not frying doctors; I represented them and all other healthcare providers for many years. I'm supporting a very good bill and warning everyone who will listen that there is a very real danger of documenting in a patient's medical records the fact that the patient has firearms in their homes. Any doctor that wants to ask those questions is not doing to for purposes of treatment; they are doing it for political reasons and that doctor is my enemy.

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Re: HB2823 Introduced. Prohibit physician questions re firea

#65

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rotor wrote:Charles, hypothetically if I were a physician (non psychiatrist) under this bill and I was about to see a patient that I suspected might be a Muslim jihadist would I be able to ask him if he had an AK-47 at home? Or would I be prosecuted by the Texas Medical Board for asking? Sounds ridiculous of course but a hypothetical. Or would it depend on whether I used the answer to decide on whether I treated him or not?

How is that related to the care of your jihadist patient? :confused5
"You know going on jihad has proven to be a leading cause of death among jihadists..."

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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by cb1000rider »

Charles L. Cotton wrote: I don't know what statistics you reference because there's certainly none that indicate firearms are a threat to public health. The bill deals with asking about firearms in the home and how they are stored. That clearly applies to accidental deaths. Accidental death by firearm rates very low in the top 10 causes of death in 2012. There were 164,819 violent deaths and only 22 were caused by firearms. Choking, drowning, poisoning, suffocation, fire/burns, all cause far more deaths, yet we don't see pediatricians and other specialties asking about those items, objects or activities. If a doctor or medical association cares about saving lives rather than achieving a political goal, then they would be asking about the things that are killing the most people, not the items that cause the fewest deaths. There are no statistics that support even voluntarily asking questions about guns.
First, I appreciate the civil discussion and appreciate that we're not confusing my person opinion on the issues with what I understand about the statistics. I consider them to be separate. To discuss an issue, I prefer to talk about both sides, as it helps me support my positions and improve my understanding. Not everyone on this forum is can engage in that manner.

Looking at the issue of preventing deaths with the statistical glasses on via the chart you provided, I agree that the AMA and Pediatricians should apply more focus elsewhere. In fact, based on the stats you posted, "unintentional firearm" only shows up in the top ten in a single age range (10-14). That would indicate that focus is best spent elsewhere if it's about patients livelihoods and not politics.. Or at best, that focus is appropriately applied AFTER the other more substantial causes are addressed.

Pediatricians, in my personal experience, do ask about some of those other causes. But that's just my experience.

There is, of course, what I call the "TSA factor" - somehow people are manipulated into focusing massive resources on a problem that statistically benefits society very little at massive cost scale. It's about fear and feel-good. Maybe that's part of it.

I looked at what the AAP (American Academy of Pediatrics) has to say on it: literally, "Although rates have declined since the American Academy of Pediatrics (AAP) issued the original policy statement in 1992, firearm-related deaths continue as 1 of the top 3 causes of death in American youth..." Cite: http://pediatrics.aappublications.org/c ... e1416.full" onclick="window.open(this.href);return false; - that doesn't address accidental, but it addresses total... Those causes largely seem to be homicide and suicide. And there we have a basis (details) for much manipulation and spin.

Things that both cites agree on:
* It's becoming less and less of a problem, it's decreased by 50% in the last 15 years
* The number one cause of firearm deaths in youth is homicide (crime).

I don't necessarily see causality between a firearm being in a home and homicide. You could claim causality in some of the school shooting incidents where those firearms came from the home, but personally, I'm not convinced that they wouldn't have been acquired elsewhere. Reading between the lines, maybe they (AAP) are suggesting that if all guns were gone, firearm related deaths would go down - and there you have a basis for many of the prior posts. I don't read that directly, but it has me thinking about it.

One thing that I take issue with posted by the AAP:
"...but firearm safety education programs directed at children are ineffective..." - I'd like to know the basis for that. The AAP didn't provide one.

I don't think there is any harm in Pediatricians telling parents to lock up their guns, especially after the sort of stuff I see on the internet. And I have concerns about limiting the free speech of doctors, even if they are on the other side of the political fence on some issues. However, as soon as we're talking about keeping records of gun ownership, I'm a bit more concerned with what is being done with that data.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by mojo84 »

However, as soon as we're talking about keeping records of gun ownership, I'm a bit more concerned with what is being done with that data.
That's the whole premise of the conversation. Doctors document their files with patient questionnaires and notes of what was discussed. Those notes go into their EMR systems. Whether now or down the road, no telling who will have access to those records and how they will be used.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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rotor wrote:Charles, hypothetically if I were a physician (non psychiatrist) under this bill and I was about to see a patient that I suspected might be a Muslim jihadist would I be able to ask him if he had an AK-47 at home? Or would I be prosecuted by the Texas Medical Board for asking? Sounds ridiculous of course but a hypothetical. Or would it depend on whether I used the answer to decide on whether I treated him or not?
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Re: HB2823 Introduced. Prohibit physician questions re firea

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mojo84 wrote:
However, as soon as we're talking about keeping records of gun ownership, I'm a bit more concerned with what is being done with that data.
That's the whole premise of the conversation. Doctors document their files with patient questionnaires and notes of what was discussed. Those notes go into their EMR systems. Whether now or down the road, no telling who will have access to those records and how they will be used.
:iagree: and that is it in a nutshell. It is none of the government's business whether I have any firearms or not nor what type or how many if I do. All bets are off if I commit a crime with one.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by Glockster »

I see that this was referred to Public Health on 3/16/15. Anyone know if this is good or bad?
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Re: HB2823 Introduced. Prohibit physician questions re firea

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G.A. Heath wrote:A doctor can not ask you about your dietary habits unless it is relevant to your treatment, unless they are a dietitian, because it would be a boundary violation. Boundary violations occur when a doctor asks questions, performs treatments, or otherwise conducts themselves in a manner where they deal with issues they are not qualified to handle. Essentially a neurosurgeon can not ask you to consider a vasectomy, because he is not qualified to do so.
Serious question, are you sure? You are either licensed to practice medicine in the state or you are not. It may not be wise to go to the brain surgeon for snip-snip services, but I'm pretty sure it is legal. Specialization certifications indicate some level of additional competency, but in general, I don't think they are required to practice the specialty.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Not to beat a dead horse but in an effort to inform. I received this article today.

http://www.businessinsurance.com/articl ... t-20150319" onclick="window.open(this.href);return false;

March 19, 2015
Program provides insurers real-time access to electronic health records
Comments Email REPRINTS
By Shelby Livingston

Health Care Benefits Benefits Management
Software and technology services provider SunGard Financial Systems, a unit of SunGard Data Systems Inc., has launched a health information exchange communication product that aims to help health payers identify and mitigate fraud, waste and abuse in health insurance claims.

Health information exchanges allow health care professionals and patients to access and share a patient’s medical information electronically.

SunGard’s iWorks tool links a health information exchange with a health plan’s databases and processing systems, allowing health plans to access and analyze a patient’s electronic health records in real time, rather than after a claim is processed, Wayne, Pennsylvania-based SunGard said Wednesday in a statement.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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mojo84 wrote:
cb1000rider wrote:Link: http://www.legis.state.tx.us/tlodocs/84 ... 02823I.htm" onclick="window.open(this.href);return false;

Question: Why?

Those of you who are screaming for "less" government, here's a perfect example of more government. I'm not compelled to answer my physicians questions. If I don't like my physician's politics, I'm free to find another one. What's the point?

Many physicians don't want to ask the questions in the first place. They are being compelled to by the AMA and government. So far, quite a few of them do not comply and refuse to ask them. It's not there own free market capitalistic idea.

The reason is to keep the government from interfering with the private patient physician relationship and avoid prevent the government and insurance companies from getting information they have no reason to have. Think backdoor registration.
That was my interpretation, that this was a pushback against the feds possibly using Obamacare to force doctors to ask about guns. It may sound far-fetched, but the Feds are already using the Center for Disease Control to track gun use.

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Re: HB2823 Introduced. Prohibit physician questions re firea

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rbwhatever1 wrote:Good Legislation. We also need to do something about teachers asking kids about guns as well since we are on the subject of intrusion into the Family by outside sources. The red herring here is that we need any firearms Legislation at all. But we do and we all know why.

Has nothing to do with the 1st Amendment. If one wishes to voluntarily talk about guns with his doctor one is free to do so. Hello Doctor Jones how are you? I have 47 guns in my house. Did you write that down? 47 right? Good...
My daughter and granddaughter lived with us until recently, The granddaughter is 11. My daughter told me a few days ago (this happened after they moved to their own place) that her daughter's teacher asked if there was a gun in the house. She answered no, since my daughter doesn't have one. 6 months ago, she would have answered yes.

My daughter didn't know the question was going to be asked until after the fact. Even though she didn't have a gun, she's mad, and still deciding what to do about it.
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Re: HB2823 Introduced. Prohibit physician questions re firea

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Post by TVGuy »

ScooterSissy wrote:
rbwhatever1 wrote:Good Legislation. We also need to do something about teachers asking kids about guns as well since we are on the subject of intrusion into the Family by outside sources. The red herring here is that we need any firearms Legislation at all. But we do and we all know why.

Has nothing to do with the 1st Amendment. If one wishes to voluntarily talk about guns with his doctor one is free to do so. Hello Doctor Jones how are you? I have 47 guns in my house. Did you write that down? 47 right? Good...
My daughter and granddaughter lived with us until recently, The granddaughter is 11. My daughter told me a few days ago (this happened after they moved to their own place) that her daughter's teacher asked if there was a gun in the house. She answered no, since my daughter doesn't have one. 6 months ago, she would have answered yes.

My daughter didn't know the question was going to be asked until after the fact. Even though she didn't have a gun, she's mad, and still deciding what to do about it.
That would infuriate me as well. Public or private school? Urban or rural?
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