brboyer
Member
Actually, what they would have is a list of patients along with any information the those patients provided to the doctor voluntarily. Not a list of firearm owners. It a subtle difference, but important nonetheless.This law was never necessary in the first place. Florida statute 790.335 already made it illegal for anyone to maintain a record of privately owned firearms. If a physician asks for the information and keeps it in your medical file, he is breaking this law. Here's what the statute says in part:
There are exceptions, of course, for those who are required by federal law to maintain records, such as FFLs. The law also allows redress for violations,
so if your Florida doctor asks such a question and writes your answer into your medical file, you might point this out to him. If that doesn't fix the problem, talk to a lawyer.
790.338 had good intentions, but failed due to it's codification...happens a lot with the Tallahassee gang.
Believe it or not, the original draft had the penalty as a felony with a five million dollar fine.
What they should have done was approached it via professional regulation, if they would have limited medical professionals to offering 'safety' advise on only those topics that they have received professional training. Pool safety, chemical storage and use safety, firearm safety, prescription and illegal drug misuse, etc. Or only allow them to offer information such as handouts, contact information to industry experts, national organizations, etc.