Electronic Medical Records and Guns

[OHOD]

As usual, I was riding home on the motorcycle after a long day of teaching, when my mind began to wonder about electronic medical records and the government.

Remember when the politicians were pushing electronic medical records in regards to a nationalized health system? The experts were saying that everyone would have an electronic medical record in order for hospitals and EMTs to provide fast and efficient health care.

If this were to happen and an individual was treated for depression, then would there be a risk of said depression causing a flag on a background check when buying a firearm?

The justification for this process would be that we don't want unstable people having guns. Then they use mass murderers as an example of how the system could prevent lunatics killing school children.

In essence, any psych disorder on an electronic medical record would flag a background check to prevent the firearm sale.

What do you think? Could this happen?

[Gray Peterson]

In Washington State (not sure about California), only those who are declared mentally incompetent by a judge or committed into a mental institution, by a judge. Point being is, it's by a judge, as a judicial act, and a court order, not a medical record.

[SmokinMr2]

yes.

[OHOD]

In Washington State (not sure about California), only those who are declared mentally incompetent by a judge or committed into a mental institution, by a judge. Point being is, it's by a judge, as a judicial act, and a court order, not a medical record.

I learn something new everyday. Thanks for the reality check.
Silly me.

Joanne

[POLICESTATE]

Regardless of how things might pan out in the future, I wouldn't visit any shrinks or therapists for anything. I don't need someone who knows absolutely nothing about me making professional OPINIONS about my state of mind or anything else.

[OlderThanDirt]

I'm never depressed and don't share anything nonessential with medical personnel.

[Dr. Peter Venkman]

Focus on the road please. Thank you.

[K5Cruiser]

Of the health care facilities that do have electronic medical records, many of them are not from the same vendor. Many of the systems do not communicate with each other, therefore the idea that everyone has your medical record available at their finger tips is not reality.

With all the restrictions that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) places on medical providers, I don't see this becoming a reality any time soon as any health care provider will need your written consent, prior to obtaining or accessing your health history from another provider.

[bwiese]

You should not worry about receiving therapy unless you're possibly seeking high political office, gonna be in charge of nuclear missiles, or gonna be a CEO of a big corp (even then it's prob OK). If it's needed it's needed.

Unless you're adjudicated mentally defective, counseling etc. does not generally affect gunrights - with exception of disclosing threats, etc.

[yellowfin]

Prescription medications related to such are visible on medical records for safety reasons. Something this brings up is the dangerous element of the anti gun political complex having a foothold in the psychology community. I've noticed a distinct and disturbing bias in that field as my wife went through grad school that is probably subsidized by Joyce and could be put to ill use much more than it already has.

[Gray Peterson]

Prescription medications related to such are visible on medical records for safety reasons. Something this brings up is the dangerous element of the anti gun political complex having a foothold in the psychology community. I've noticed a distinct and disturbing bias in that field as my wife went through grad school that is probably subsidized by Joyce and could be put to ill use much more than it already has.

To what end?

[GrizzlyGuy]

In essence, any psych disorder on an electronic medical record would flag a background check to prevent the firearm sale.

What do you think? Could this happen?

In the future I believe this could happen. I just received my C&R FFL application from BATFE. When you sign it, you agree to the following:

"Specifically, I hereby authorize the release of the following data or records to ATF: Employment information, military information/records, medical information/records, police and criminal records."

Note also that in California, you don't need to be adjudicated as mentally defective to lose your firearm rights. You lose them for 5 years if you are simply detained by a LEO on a 5150:

http://law.onecle.com/california/welfare/5150.html

Fortunately, the legislature allows you to petition the court to have your rights restored in such a case. And, the feds don't care about 5150, the lifetime prohibition for firearms comes into play only if they hold you against your will into the 5250 intensive treatment phase.

Seeking treatment voluntarily currently has no effect on firearms rights, regardless of how long or intense the treatment is, so people that need treatment shouldn't fear seeking it.

[OHOD]

Like I said, I learn something new every day.

As for the C&R FFL, that is an eyeopener. Never say never, someday someone is going to want to know everything.

[7x57]

Bill, I think the fear is more what *could* be done. Given the renewed noise about getting around the Constitution via the "guns are a public health issue" gambit, I don't think the fear is entirely irrational.

On the other hand, someone makes a good point that there is a tremendous difference between voluntary therapy and involuntary therapy. Someone with real issues is better off for many reasons choosing therapy voluntarily and remaining in control. At least at one time in one state (I say it that way because I have one data point) if you committed yourself to an institution you could walk out at any time. If it was involuntary, you were essentially a prisoner at administrative discretion. It sounds like something similar is true for gun rights, so if there is any danger that someone's problems are going to affect others to the point of being committed involuntarily, that is simply another reason why they'd be better off taking their own steps.

7x57

[Sinestr]

Uh oh, this thread is making me feel depressed.