Wollschlaeger, a Patient’s Right to Privacy, and a Renewed Focus on Mental Health Treatment

Authors

Chad A. Pasternack

Document Type

Note

Abstract

In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in Florida benefit greatly from the Firearm Owners Privacy Act, this note argues for more specific language in the law, which would parallel language in the Florida Mental Health Act (“Baker Act”). The proposed changes would limit inquiries into firearm ownership to instances where there is a substantial likelihood of serious bodily harm to the patient or others.

Recommended Citation

Chad A. Pasternack, Wollschlaeger, a Patient’s Right to Privacy, and a Renewed Focus on Mental Health Treatment, 23 U. MIA Bus. L. Rev. 451 (2015)
Available at: https://repository.law.miami.edu/umblr/vol23/iss3/7