On Jan 19, 2013, at 3:00 PM, Volokh, Eugene wrote:
> The question on the table is what questions doctors may ask. It doesn't take
> much "authority" to ask questions -- just the same authority (flowing partly
> from the First Amendment and partly from just normal liberty) for you to ask
> me a question, or a doctor to ask me a question. If the doctor wants to ask
> me whether I read Bukowski, I can easily tell him "I'd rather not talk about
> that"; there's no basis for laws (as in Florida) or other coercive measures
> to restrict that, and there is a law (the First Amendment) that limits
> attempts to restrict that.
And if doctors' notes stayed in doctors' desks, that's where it would end.
However, doctors have become a de facto data collection agency for the federal
government, and a lot of what used to be "confidential" information is now
reportable by law to third parties, the biggest of which are governmental
agencies.
So in a very real sense, the doctors' First Amendment now has to stop where the
patient's Fifth Amendment begins.
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
http://libertyhaven.com
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