2aHawaii

General Topics => General Discussion => Topic started by: mrgaf on February 20, 2019, 01:28:18 PM

Title: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 01:28:18 PM
Ok I’m with Straub. Went to HPD this morning to apply for a handgun permit. Listed Straub and my doctors name. Gave my physician a heads up that she might see something coming across her desk concerning the new request(she is familiar with the procedure and has sent the requested letter to HPD three times before so she can’t claim ignorance). Got a call from her later on this morning and was told she no longer can do this for me because of her “personnel beliefs and convictions” and went on to say that it was nothing personal blah blah blah. Tried to talk to her but she was adamant that she will not do it. Was also told she would send the request to Straub medical records. I’ve been with her since 2004 and she knew of my hobby and actually asked about shooting and seemed interested. Now this bullshit! Was told that if I didn’t like it I can always change physicians but warned me that ALL Straub doctors feel the same way about firearms, blah blah blah. As a result I’ve dumped her as my provider and have made an appointment with another primary care doctor. I’m not worried about HPD turning me down for a permit because she refuses to cooperate. My thought is the medical records department will just review my records and pass along the results to HPD. Still pisses me off..... Rant off!  :shaka: >:(
Title: Re: My doctor pissed me off royal!
Post by: groveler on February 20, 2019, 01:34:23 PM
Ok I’m with Straub. Went to HPD this morning to apply for a handgun permit. Listed Straub and my doctors name. Gave my physician a heads up that she might see something coming across her desk concerning the new request(she is familiar with the procedure and has sent the requested letter to HPD three times before so she can’t claim ignorance). Got a call from her later on this morning and was told she no longer can do this for me because of her “personnel beliefs and convictions” and went on to say that it was nothing personal blah blah blah. Tried to talk to her but she was adamant that she will not do it. Was also told she would send the request to Straub medical records. I’ve been with her since 2004 and she knew of my hobby and actually asked about shooting and seemed interested. Now this bullshit! Was told that if I didn’t like it I can always change physicians but warned me that ALL Straub doctors feel the same way about firearms, blah blah blah. As a result I’ve dumped her as my provider and have made an appointment with another primary care doctor. I’m not worried about HPD turning me down for a permit because she refuses to cooperate. My thought is the medical records department will just review my records and pass along the results to HPD. Still pisses me off..... Rant off!  :shaka: >:(
What should really pi$$ you off is having to ask permission to exercise a right granted
by the Constitution of the United states, in a state of the United states.

Title: Re: My doctor pissed me off royal!
Post by: drck1000 on February 20, 2019, 01:34:56 PM
That sucks.  Sorry to hear.

I personally know a bunch of Straub physicians that are excellent and avid shooters. None are general practitioners though. If you can’t find a supportive PCP, let me know and I’ll see if I can put you in contact with a friend that is a Straub staffer that is definitely pro-gun. Hopefully he can help find you a good Straub PCP.
Title: Re: My doctor pissed me off royal!
Post by: punaperson on February 20, 2019, 01:42:01 PM
I really hope you recorded that conversation, because if she really said both "nothing personal" and her reason was her "personal beliefs"... I think you'd have an "AOC-type stupid" media-worthy soundbite.

Imagine if some doctor said she wasn't going to treat or recommend an AIDS patient for an experimental drug treatment study because of her "personal beliefs"... all hell would break loose!  :wtf:
Title: Re: My doctor pissed me off royal!
Post by: changemyoil66 on February 20, 2019, 02:03:40 PM
I would complain to her boss or the board or someone of authority.  What if she does that to someone of a diff religion.
Title: Re: My doctor pissed me off royal!
Post by: London808 on February 20, 2019, 02:07:25 PM
It doesn’t matter what she wants to do, your signing a release of medical infoamtion form. She’s required to release that information.
Title: Re: My doctor pissed me off royal!
Post by: tillamook on February 20, 2019, 02:18:16 PM
This might be why we should not let a physician determine the ability to exercise a right.  Even if you are held against your will in the hospital because you are dangerous to yourself, a second physician and a Judge have to sign off on that. 

And of course not all physicians feel the same way. 
Title: Re: My doctor pissed me off royal!
Post by: tillamook on February 20, 2019, 02:21:13 PM
It doesn’t matter what she wants to do, your signing a release of medical infoamtion form. She’s required to release that information.

She can decline to do a letter saying the magic words  "...is no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder or defect."

She cant decline giving out records to a signed release.  Though Im not a fan of sending your medical records to the police department for any reason. 

Title: Re: My doctor pissed me off royal!
Post by: zippz on February 20, 2019, 02:29:20 PM
Something for HIFICO to work on in the off season
Title: Re: My doctor pissed me off royal!
Post by: Flapp_Jackson on February 20, 2019, 02:51:48 PM
Was also told she would send the request to Straub medical records.

If she said she would send the request to Straub records, then it should be a non-issue as long as they have no reason to flag you. That's when you'd need a doctor to evaluate that flag and determine if it should be reported to HPD as possible grounds for denial.

Wait and see if HPD denies the permit and requires the "I'm not crazy" certification letter.  If the permit is approved, what that one doctor feels is irrelevant.
Title: Re: My doctor pissed me off royal!
Post by: stangzilla on February 20, 2019, 02:53:49 PM
if she does not reply then there is no problem, correct?

sorry about your situation.  I hope you get it worked out.  sucks about Hawaii's firearm haters.
Title: Re: My doctor pissed me off royal!
Post by: Gunguy808 on February 20, 2019, 04:11:34 PM
Hire a lawyer and sue her for rights violation
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 04:53:53 PM
That sucks.  Sorry to hear.

I personally know a bunch of Straub physicians that are excellent and avid shooters. None are general practitioners though. If you can’t find a supportive PCP, let me know and I’ll see if I can put you in contact with a friend that is a Straub staffer that is definitely pro-gun. Hopefully he can help find you a good Straub PCP.
Thanks! Will let you know.....
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 04:56:29 PM
What should really pi$$ you off is having to ask permission to exercise a right granted
by the Constitution of the United states, in a state of the United states.

Just the fact that we have to go thru this is pure BS! It really pisses me off!
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 05:18:25 PM
Hey guys thanks for all the help and advice..... unfornately our conversation was not recorded BUT I had her on speaker phone and two other adults (other than my wife, who was present also) heard the whole conversation and are willing to sign a sworn statement. I spoke with the Straub Patient Advocate and was told it’s their policy to give doctors broad discretion to include something such as this. When I asked for her to give me a copy of that policy, she refused and said that she will talk to my to what is now my former doctor and get back to me but also stated there is really nothing that can be done (this was also on the speaker phone with the same two adults listening). Told her thank you and that my lawyer should be able to get a copy of Straub policy and will be in contact with Straub to further my cause. Lawyer has been contacted and I’ll be meeting with him on Friday the 22nd. Looks like lawsuit time!
Also spoke with Sgt Hashimoto at firearms who is in charge of all the medical paperwork. He told me there’s no reason to worry and that it’s an internal problem with Straub. She is just refusing to take any action on the request and will send it down to the medical records branch where it will gather dust with no action taken. If HPD hears nothing within 10 days the medical end of the permitting process will be complete and approved. Hope that’s the case.
Next time I’m gonna list my medical as tri-care (I’m retired Navy) which does not require any specific doctor (used to do that but decided i was not being completely honest).. Now I say screw it! :  8)
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 05:19:51 PM
if she does not reply then there is no problem, correct?

sorry about your situation.  I hope you get it worked out.  sucks about Hawaii's firearm haters.

Yes per HPD there’s no problem......  :shake:
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 05:21:05 PM
If she said she would send the request to Straub records, then it should be a non-issue as long as they have no reason to flag you. That's when you'd need a doctor to evaluate that flag and determine if it should be reported to HPD as possible grounds for denial.

Wait and see if HPD denies the permit and requires the "I'm not crazy" certification letter.  If the permit is approved, what that one doctor feels is irrelevant.

Exactly but I’m still going after Straub legally if I can....
Title: Re: My doctor pissed me off royal!
Post by: tillamook on February 20, 2019, 06:11:49 PM
Exactly but I’m still going after Straub legally if I can....

If you to rustler her jimmies submit a complaint at the state Board of Medicine.  http://cca.hawaii.gov/pvl/boards/medical/

Though the board will probably do nothing, they will still have to request medical records to review which they do via subpoena.  I've received a subpoena from the board of medicine before (they were taking action against another doctor and wanted my records of the aftermath).  Even though the subpoena was not for something I did it still scared the crap out of me.   

Since the subpoena is served directly to them the first thought is I'm getting sued or I'm getting my license revoked.  Makes your heart skip a little when the sheriff comes and meets you in the middle of your clinic day.  .

If us doctors are going to have to ability to take away someone's rights, we might need to have a sheriff or other court officer show up once in a while to remind us that rights should not be taken for 'feelings"

/  >:D  That would be my passive aggressive approach. 

Title: Re: My doctor pissed me off royal!
Post by: robtmc on February 20, 2019, 06:46:12 PM
This sucks eggs.  So far, been a couple years now, Kaiser has been no problem.

Glad I finished off what I needed before PIAPS and rapback were an issue.
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 07:25:38 PM
If you to rustler her jimmies submit a complaint at the state Board of Medicine.  http://cca.hawaii.gov/pvl/boards/medical/

Though the board will probably do nothing, they will still have to request medical records to review which they do via subpoena.  I've received a subpoena from the board of medicine before (they were taking action against another doctor and wanted my records of the aftermath).  Even though the subpoena was not for something I did it still scared the crap out of me.   

Since the subpoena is served directly to them the first thought is I'm getting sued or I'm getting my license revoked.  Makes your heart skip a little when the sheriff comes and meets you in the middle of your clinic day.  .

If us doctors are going to have to ability to take away someone's rights, we might need to have a sheriff or other court officer show up once in a while to remind us that rights should not be taken for 'feelings"

/  >:D  That would be my passive aggressive approach.

Thanks for the info! Will do just that.... it was never a secret with her that I was/am a hunter and firearms enthusiast! For that matter she did provide 3 very favorable letters to Straub and HPD in response to my request for a new long gun permit and 2 handgun permits to acquire. Told my lawyer this about an hour ago and he just laughed and said “bad for her and Straub, good for us”...... hope so! Hey would you want to take on another patient,., :D :D :D
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 20, 2019, 07:30:44 PM
You guys have been great. Makes me feel better! Mahalos for all the encouraging advice and words of wisdom, but this has set a fire under me arse to get more active in getting this insanity and infringement upon our rights stopped...... :thumbsup:
Title: Re: My doctor pissed me off royal!
Post by: Bushido on February 20, 2019, 08:21:02 PM
That sucks!! Keep fighting!!
Title: Re: My doctor pissed me off royal!
Post by: eyeeatingfish on February 20, 2019, 09:33:44 PM
It doesn’t matter what she wants to do, your signing a release of medical infoamtion form. She’s required to release that information.

Correct me if I am wrong but there are no teeth to that requirement right? If the doctor refuses to do it I can't think of any consequence to her.
Title: Re: My doctor pissed me off royal!
Post by: Falken Hawke on February 20, 2019, 09:50:05 PM
Correct me if I am wrong but there are no teeth to that requirement right? If the doctor refuses to do it I can't think of any consequence to her.
Liability for the release, and quite possibly the refusal to release in this case, is not applicable provided there was no malice.

At question here is the refusal due to the Physicians personal belief and subsequent action(s).  Specifically, did the Physician act maliciously due to personal beliefs?
Title: Re: My doctor pissed me off royal!
Post by: Flapp_Jackson on February 20, 2019, 10:33:03 PM
Liability for the release, and quite possibly the refusal to release in this case, is not applicable provided there was no malice.

At question here is the refusal due to the Physicians personal belief and subsequent action(s).  Specifically, did the Physician act maliciously due to personal beliefs?

More importantly, the patient signed a formal release request for his medical information.

Straub has a duty to honor that release. The patient owns the information, not Straub, and certainly not the doctor.
Title: Re: My doctor pissed me off royal!
Post by: stangzilla on February 21, 2019, 07:39:25 AM
Seems like only kaiser and straub pt's get red flagged. I hear of mostly kaiser
I dont hear of any hmsa or tripler pt's getting red flagged
I was sitting in the hpd firearms room one time when someone was applying for permit and asked about getting flagged and his health insurance. The officer at the window asked what kind insurance he had. Guy said he has VA insurance. Officer said "you dont have to worry with that insurance."
Seems like if you have hmsa or VA then you wont get red flagged
Title: Re: My doctor pissed me off royal!
Post by: tillamook on February 21, 2019, 08:03:19 AM
Thanks for the info! Will do just that.... it was never a secret with her that I was/am a hunter and firearms enthusiast! For that matter she did provide 3 very favorable letters to Straub and HPD in response to my request for a new long gun permit and 2 handgun permits to acquire. Told my lawyer this about an hour ago and he just laughed and said “bad for her and Straub, good for us”...... hope so! Hey would you want to take on another patient,., :D :D :D

Im on the Big Island so you probably dont want to travel that far.  But I do the clearance letters if you cant find anyone there to do one. 

If you win against this doctor I'm sure DRGO would want to hear about it as well.  Unfortunately they are not as big as I would like but would publish a story about a doctor restricting rights
https://drgo.us/

Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 21, 2019, 04:11:25 PM
Seems like only kaiser and straub pt's get red flagged. I hear of mostly kaiser
I dont hear of any hmsa or tripler pt's getting red flagged
I was sitting in the hpd firearms room one time when someone was applying for permit and asked about getting flagged and his health insurance. The officer at the window asked what kind insurance he had. Guy said he has VA insurance. Officer said "you dont have to worry with that insurance."
Seems like if you have hmsa or VA then you wont get red flagged

Well I’m a retired vet with Medicare and Tricare for life. I’ve never seen the VA since leaving the service but seeing as I’m eligible I guess next time I’ll put VA or Tricare. For a while there I just put down retired military, no PCP, just urgent care physician and it was accepted.
Title: Re: My doctor pissed me off royal!
Post by: mrgaf on February 21, 2019, 08:27:19 PM
Im on the Big Island so you probably dont want to travel that far.  But I do the clearance letters if you cant find anyone there to do one. 

If you win against this doctor I'm sure DRGO would want to hear about it as well.  Unfortunately they are not as big as I would like but would publish a story about a doctor restricting rights
https://drgo.us/
Hahaha yup that is a ways ain’t it!  ;) will be submitting a complaint to the to the medical board on Monday and see where it goes from there. Gonna speak with a lawyer friend of mine and see what he thinks about this whole situation..... will keep alcon posted as thing progress.... :shaka:
Title: Re: My doctor pissed me off royal!
Post by: Heavies on February 21, 2019, 09:14:44 PM
 :thumbsup:
Title: Re: My doctor pissed me off royal!
Post by: Louscamaro91 on February 23, 2019, 05:16:36 PM
Had the same BS with HMSA. My Dr retired and new DR said he wouldn’t do the form unless I came in to get evaluated. Talked to guys at PD and they said since my original DR retired, I have no local DR. On the Medical form I was told by PD to put no local DR since I don’t.
Title: Re: My doctor pissed me off royal!
Post by: tillamook on February 23, 2019, 06:07:20 PM
Had the same BS with HMSA. My Dr retired and new DR said he wouldn’t do the form unless I came in to get evaluated. Talked to guys at PD and they said since my original DR retired, I have no local DR. On the Medical form I was told by PD to put no local DR since I don’t.

That's a medical liability issue.  I wont do the letters unless I see the patient in the office as well.  I have to document that I saw them and made the assessment.  Even though it is a BS assessment I still have to do that since my license requires I assess patients face-to-face.  If not then the board of medicine might decide to take my license away

Plus even though the law protects us from liability if we clear a patient and they go on to shoot a school, make no doubt that the media will crucify us if that happens.  No one blames the shooter, it will come back straight to the doctor that cleared them and if that is the case the doctor better have documentation that they saw them in the office.   I've written probably a dozen letters and I know very well if one of them gets arrested for a firearm charge, my name and face will be in the news. 

If it werent for that, I'd do clearance letters over the phone for free for the whole state and only require that you be a US citizen. 
Title: Re: My doctor pissed me off royal!
Post by: rklapp on February 24, 2019, 06:30:48 PM
I sent two medical requests to Kaiser through HPD with no problems and my doctor never said anything to me about it. I wonder if he ever saw it. He's retired now and haven't met my new doctor yet. I'll try to remember to ask her when I see her next time.