Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
KevinMD
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking
KevinMD
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking
  • About KevinMD | Kevin Pho, MD
  • Be heard on social media’s leading physician voice
  • Contact Kevin
  • Discounted enhanced author page
  • DMCA Policy
  • Establishing, Managing, and Protecting Your Online Reputation: A Social Media Guide for Physicians and Medical Practices
  • Group vs. individual disability insurance for doctors: pros and cons
  • KevinMD influencer opportunities
  • Opinion and commentary by KevinMD
  • Physician burnout speakers to keynote your conference
  • Physician Coaching by KevinMD
  • Physician keynote speaker: Kevin Pho, MD
  • Physician Speaking by KevinMD: a boutique speakers bureau
  • Primary care physician in Nashua, NH | Kevin Pho, MD
  • Privacy Policy
  • Recommended services by KevinMD
  • Terms of Use Agreement
  • Thank you for subscribing to KevinMD
  • Thank you for upgrading to the KevinMD enhanced author page
  • The biggest mistake doctors make when purchasing disability insurance
  • The doctor’s guide to disability insurance: short-term vs. long-term
  • The KevinMD ToolKit
  • Upgrade to the KevinMD enhanced author page
  • Why own-occupation disability insurance is a must for doctors

Why HB 155 undermines the trust doctors have with patients

James Logan, MD
Physician
July 5, 2011
Share
Tweet
Share

Do doctors have any business asking patients about whether or not they own a handgun?

Like many other paternalistic inquiries with which doctors routinely harass their patients (car seats, bicycle helmets, smoke alarms, etc), my answer to this question is “no.’”

There is a fairly well delineated sphere of knowledge which is medical in nature and in which I have some expertise and other topics which are purely personal, moral, or lifestyle considerations and in which I have no particular expertise.  I was taught that my job as a provider is to give medical advice to my patients and to share in the decision-making process with regard to their medical care.

If a patient were to ask me, “Should I wear a helmet when I ride my bicycle?” I would tell her, “Yes, I think you should.”  I could quote her some statistics, but she knows just as well as I do that she’s much less likely to sustain a serious injury to her brain if she hits her head while wearing the helmet as opposed to without it.  In other words, her opinion on this issue is only minimally less informed than my “expert” opinion.

With regard to gun ownership, my opinion is even less meaningful than for wearing of bicycle helmets.  I’ve never held a gun in my life, let alone fired one.  I haven’t the faintest clue about proper gun safety, nor do I intend to learn.  Just as I wouldn’t presume to ask a pilot whether he follows all proper safety procedures and inspections before take-off, or whether a scuba diver properly checks out his gear before diving, I have no business asking about gun ownership.  Sure, the AAP is fond of quoting the higher incidence of gun-related deaths among gun-owners (hence, my personal decision not to own one).  Similarly, I could quote the higher rate of airplane related deaths among those who fly vs those who don’t.  Or the higher incidence of scuba diving related accidents among those who scuba dive vs those who don’t.  The list goes on.  My point is, that these are personal, life-style decisions.  They’re not medical decisions and, as such, my opinion is really irrelevant.

All that being said, a bill which holds doctors criminally accountable for discussing guns during a patient visit, as Florida law HB 155 does, is simply outrageous.  Mona Mangat argues that this type of legislation places us at the top of a “slippery slope” at the bottom of which it may become illegal to ask patients about smoking.  I would go even further and say that we’re already well on our way down the slope with this legislation, the issue is no longer slippery.

One can have a rational, academic discussion about which types of behaviors and decisions doctors should and should not be asking their patients about.  But to make a particular line of questioning illegal is an unprecedented step which clearly undermines doctors’ ability to establish trust with their patients.  The issue is not, as some have argued, that this law prevents doctors from their duty to identify a particular risk to patient safety.  Whether or not doctors have a duty to ask about gun ownership as a patient safety concern is a matter of opinion (I’ve expressed mine very strongly above).  The issue here is that making any topic of discussion with your patients illegal, in addition to being a likely 1st amendment violation, represents an attack on the heretofore highly protected and privileged doctor-patient relationship.

As Virginia Hood, president of the American College of Physicians put it,  ”This issue is much bigger than guns, it is about whether the government or any other body should be allowed to tell physicians what they can and can’t discuss with their patients.”

James Logan is a resident in family medicine who blogs at his self-titled site, James Logan, M.D.

 

Submit a guest post and be heard on social media’s leading physician voice.

Prev

Death is inevitable, but it is almost always seen as tragic

July 4, 2011 Kevin 11
…
Next

Vaccines to prevent or treat non-infectious chronic illnesses

July 5, 2011 Kevin 0
…

Tagged as: Patients, Primary Care

< Previous Post
Death is inevitable, but it is almost always seen as tragic
Next Post >
Vaccines to prevent or treat non-infectious chronic illnesses

ADVERTISEMENT

More by James Logan, MD

  • a desk with keyboard and ipad with the kevinmd logo

    Doctors should not treat every patient like their mother

    James Logan, MD
  • a desk with keyboard and ipad with the kevinmd logo

    Do doctors have a moral obligation to serve?

    James Logan, MD
  • a desk with keyboard and ipad with the kevinmd logo

    How much medical care are doctors obliged to provide?

    James Logan, MD

More in Physician

  • Understanding Generation 2 patient engagement platforms

    Kevin J. Campbell, MD
  • How to win peer-to-peer calls: a medical director’s guide

    Anonymous
  • Beyond physician burnout and understanding structural immiseration

    Patrick Hudson, MD
  • When patients ask to pray: Navigating spirituality in medicine

    Lauren Davis, MDiv and Vijay Rajput, MD
  • Physician legal protection: Surviving academic medical center blame

    David M.H. Lambert, DDS
  • Surviving ventricular tachycardia: What I learned as a patient

    Loretta Cody, MD
  • Most Popular

  • Past Week

    • Why clinicians fail at writing expert reports

      Tracy Liberatore, Esq, PA | Conditions
    • When the doctor is also the patient’s mom: Navigating severe autism

      Joele Tueno Scott | Conditions
    • Why loving organizations are the secret to ending burnout in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • How ethical dilemmas in medicine affect body donation

      Francisco M. Torres, MD | Physician
    • Overcoming physician burnout with a new care model

      Jerina Gani, MD, MPH | Physician
    • How prior authorization and step therapy harm pain management

      Kayvan Haddadan, MD | Physician
  • Past 6 Months

    • The dangers of vertical integration in health care

      Stephanie Waggel, MD | Policy
    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Politics and fear have replaced science in U.S. pain management [PODCAST]

      The Podcast by KevinMD | Podcast
    • The controversy over Maintenance of Certification for grandfathered physicians

      Bernard Leo Remakus, MD | Physician
    • Why clinicians fail at writing expert reports

      Tracy Liberatore, Esq, PA | Conditions
    • Adult disability care transition: Why medicine must grow up

      Ronald L. Lindsay, MD | Conditions
  • Recent Posts

    • Why loving organizations are the secret to ending burnout in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • Bridging the gap in rural dementia care with technology

      Rachel Milke and Roshni Raj | Policy
    • How diagnostic overshadowing delays hyperprolactinemia care

      Carrie Friedman, NP | Conditions
    • The hidden realities of the HIV/AIDS epidemic and U.S. health care policy

      Richard A. Lawhern, PhD | Conditions
    • Understanding Generation 2 patient engagement platforms

      Kevin J. Campbell, MD | Physician, Tech
    • How to win peer-to-peer calls: a medical director’s guide

      Anonymous | Physician

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 25 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why clinicians fail at writing expert reports

      Tracy Liberatore, Esq, PA | Conditions
    • When the doctor is also the patient’s mom: Navigating severe autism

      Joele Tueno Scott | Conditions
    • Why loving organizations are the secret to ending burnout in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • How ethical dilemmas in medicine affect body donation

      Francisco M. Torres, MD | Physician
    • Overcoming physician burnout with a new care model

      Jerina Gani, MD, MPH | Physician
    • How prior authorization and step therapy harm pain management

      Kayvan Haddadan, MD | Physician
  • Past 6 Months

    • The dangers of vertical integration in health care

      Stephanie Waggel, MD | Policy
    • The 9 laws of health care quality: Why metrics miss the point

      Constantine Ioannou, MD | Physician
    • Politics and fear have replaced science in U.S. pain management [PODCAST]

      The Podcast by KevinMD | Podcast
    • The controversy over Maintenance of Certification for grandfathered physicians

      Bernard Leo Remakus, MD | Physician
    • Why clinicians fail at writing expert reports

      Tracy Liberatore, Esq, PA | Conditions
    • Adult disability care transition: Why medicine must grow up

      Ronald L. Lindsay, MD | Conditions
  • Recent Posts

    • Why loving organizations are the secret to ending burnout in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • Bridging the gap in rural dementia care with technology

      Rachel Milke and Roshni Raj | Policy
    • How diagnostic overshadowing delays hyperprolactinemia care

      Carrie Friedman, NP | Conditions
    • The hidden realities of the HIV/AIDS epidemic and U.S. health care policy

      Richard A. Lawhern, PhD | Conditions
    • Understanding Generation 2 patient engagement platforms

      Kevin J. Campbell, MD | Physician, Tech
    • How to win peer-to-peer calls: a medical director’s guide

      Anonymous | Physician

MedPage Today Professional

An Everyday Health Property Medpage Today

Copyright © 2026 KevinMD.com | Powered by Astra WordPress Theme

  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Why HB 155 undermines the trust doctors have with patients
25 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...