July 6, 2012 –
Florida barred from enforcing ‘Docs vs. Glocks’ law

The Firearm Owners’ Privacy Act prevented physicians from asking patients about gun ownership. An appeals court recently ruled it improperly restricts commercial free speech.

On June 29, the Southern District Court of Appeals found that the Firearm Owners’ Privacy Act, signed into Florida law in June of 2011, improperly restricts commercial free speech.

The court stated that the Act ” … chills practitioners’ speech in a way that impairs the provision of medical care and may ultimately harm the patient.”

Plaintiffs in Bernd Wollschlaeger, et al., vs. Frank Farmer, et al. had provided evidence that, as part of the practice of preventive medicine, practitioners routinely ask and counsel patients about a number of potential health and safety risks, including household chemicals, swimming pools, drugs, alcohol, tobacco, and firearms.

The court has permanently enjoined the state of Florida from enforcing the Act.

More about Firearm Owners’ Privacy Act

The Firearm Owners’ Privacy Act ( the “Act”), signed into law by Governor Rick Scott on June 2, 2011, created Florida Statute section 790.338, and amended other scattered statutes.

Pursuant to § 790.338, licensed health care practitioners or facilities (collectively “practitioners”) may not:

(i) intentionally record any disclosed information concerning firearm ownership in a patient’s medical record if the practitioner knows the information is not relevant to the patient’s medical care or safety, or the safety of others (the “record-keeping provision”);
(ii) ask a patient whether she owns a firearm unless the practitioner in good faith believes the information is relevant to the patient’s medical care or safety, or the safety of others (the “inquiry restriction provision”);
(iii) discriminate against a patient based solely on firearm ownership (the “antidiscrimination
provision”); or
(iv) unnecessarily harass a patient about firearm ownership (the “antiharassment provision”).

Violation of any provision of the law constitutes grounds for disciplinary action under Florida Statutes Sections 456.072, or 395.1055. Pursuant to § 456.073, disciplinary proceedings may be initiated against a practitioner by the Department of Health or through a citizen’s complaint.