ASH Clinical News FINAL_ACN_3.14_FULL_ISSUE_DIGITAL | Page 118

Gun Violence
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Finally , physicians can take the initiative to talk with their patients about gun safety .
The Affordable Care Act includes language discussing gun rights in Section 2716 ( c ) “ Protection of Second Amendment Gun Rights .” 13 Within that section , the law states that wellness and prevention programs cannot require the disclosure or collection of information related to “ the presence or storage of a lawfully-possessed firearm or ammunition [ in a residence ]” or “ the lawful use , possession , or storage of a firearm or ammunition by an individual .” Additionally , the law does not authorize maintaining records of individual ownership or possession or a firearm . However , this law does not prohibit physicians from asking about gun ownership and storage . In fact , in February 2017 a federal appeals court struck down a Florida law known as the Privacy Firearm Owners Act , which attempted to restrict physicians from speaking to patients about firearm ownership , as a violation of doctors ’ First Amendment rights . 14
The ACP paper supported the eradication of socalled “ physician gag laws ,” arguing that , “ confidential conversations [ about firearm ownership and safety ] occur during regular examinations and are a natural part of the patient-physician relationship . … Physicians must be allowed to speak freely to their patients in a nonjudgmental manner about firearms , provide patients with factual information about firearms relevant to their health and the health of those around them , fully answer their patients ’ questions , and advise them on the course of behaviors that promote health and safety without fear of liability or penalty .” 2
“ I have begun asking my patients questions about firearms , at times ,” said Dr . Lichtin . “ For example , whether
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