Physicians in Montana are Not Allowed to Ask About Firearms Under MCA 50-16-108

[Augustin]

I don't believe this has been discussed here yet.

In response to Obama's Executive orders regarding "gun safety" and also because of widespread concerns by gun owners that computerized medical records might be used to collect and information about gun ownership, Montana passed a new law - MCA 50-16-108 - that prohibits doctors and all other health care providers from asking patients questions about gun ownership, possession or use. This new law only allows doctors to ask a patient if they are in possession of a firearm at the time of treatment.

http://www.activistpost.com/2013/09/montana-health-care-privacy-becomes.html

The bill reads,

"50-16-108. Privacy in health care -- ownership of firearms. (1) No health care provider or health care facility may:

(a) refuse to provide health care to a person because the person declines to answer any questions concerning the person's ownership, possession, or use of firearms; or
(b) inquire about a person's ownership, possession, or use of firearms as a condition of receiving health care.
(2) For the purposes of this section:
(a) the terms "health care", "health care facility", and "health care provider" have the meanings provided in 50-16-504; and
(b) the term "possession" does not apply to the presence of a firearm on the person of a patient at the time of treatment."

 

[davidmcbeth]

Sounds like they can still ask ... a useless bill IMO unless one wants to say that they cannot even ask.

Right now, I don't think that they can refuse treatment w/o an answer.

 

[Augustin]

Sounds like they can still ask ... a useless bill IMO unless one wants to say that they cannot even ask.

Right now, I don't think that they can refuse treatment w/o an answer.

What is really important about the bill is that it applies to psychiatrists as well as medical doctors. This is because the law defines the following terms to include psychologists and psychiatrists.

"50-16-504. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(4) "Health care" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.
(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. The term includes any record of disclosures of health care information.
(7) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession."

The reason why this is so important is because the Obama regime along with the American Psychiatric Association plans to use (phony) mental disorders to disarm as much of the population as possible (without due process). Many if not most psychiatrists are staunch gun control advocates and some even want to classify supporting the second amendment as a mental disorder which will strip you of your right to own guns. If you admit to a shrink that you own guns you are much more likely to end up with a plethora of DSM diagnoses in your records that could come back to haunt you later.

http://www.activistpost.com/2012/08/mainstream-doctors-say-supporting-2nd.html

My advice is that if a doctor or nurse asks you about gun ownership, you should vehemently cite MCA 50-16-108, saying that the law prohibits them from asking you any questions about gun ownership. Let them know in no uncertain terms that if they persist or especially if they mention gun ownership in your medical records they will be in violation of Montana law.