The National Conference of State Legislatures also has a report on state laws related to possession of firearms by people with mental illness (http://www.ncsl.org/research/civil-and-criminal-justice/possession-of-a-firearm-by-the-mentally-ill.aspx). This information is a year old and does not include the new Illinois law. It notes that some states (including Maryland and Massachusetts) prohibit people who were hospitalized for a mental illness to own a gun unless a physician formally attests that they are not a danger. Texas prohibits concealed handgun permits for any persons who have been diagnosed by a physician with a serious mental condition (including schizophrenia and bipolar disorder) that might impair mood or judgment, with a condition that left them incompetent to handle their own affairs, or with a dependency on alcohol or drugs in the previous five years. However, this information does not indicate a requirement that physicians report patients with those conditions.
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ACEP Now: Vol 33 – No 04 – April 2014For further discussion of the controversy surrounding the issue of reporting and the ability of those treated for mental illness to carry guns, see this story from Kaiser Health News that came out after New York passed its duty-to-report law last year: http://www.kaiserhealthnews.org/stories/2013/march/21/stateline-states-mental-illness-gun-ownership.aspx.
Craig Price is senior policy director at ACEP.
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