Medical info tied to CHL application/renewal process in your state?

This is a discussion on Medical info tied to CHL application/renewal process in your state? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A post in another forum prompted this question I have, regarding how the various states appear to handle "background" checks into a person's qualifications for ...

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Thread: Medical info tied to CHL application/renewal process in your state?

  1. #1
    VIP Member Array ccw9mm's Avatar
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    Question Medical info tied to CHL application/renewal process in your state?

    A post in another forum prompted this question I have, regarding how the various states appear to handle "background" checks into a person's qualifications for a CHL.

    Question: Does your state identify medical conditions/history as part of its "background" checks, OR does it ask for such info on the CHL application/renewal form itself?

    Please identify your State and what the method of identification of this info is (or whether you even know).
    Your best weapon is your brain. Don't leave home without it.
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  3. #2
    VIP Member Array Taurahe's Avatar
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    I dont know but it should not have any bearing on my eligibility to recieve a carry permit. That would just be one more trick for big brother to use to have their fingers in every little piece of the pie. As a veteran of 2 tours in Iraq I have sought help from mental health specialists. Not because I was crazy, because I wanted too. According to the govt though, because I even served in combat( at their orders) I am crazy and cant be trusted. While their are some that should not possess weapons, you cant be picky about who the rule does and does not apply to. One for all, all for one
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  4. #3
    Member Array fredg53's Avatar
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    In Ohio they did not ask but who knows what they looked up in the backround check. I would guess if they were checking health I should have gotten a HIPPA release to sign
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  5. #4
    Member Array ChadliusNH's Avatar
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    Quote Originally Posted by fredg53 View Post
    In Ohio they did not ask but who knows what they looked up in the backround check. I would guess if they were checking health I should have gotten a HIPPA release to sign
    THIS^

  6. #5
    Member Array tele_pathic's Avatar
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    Here are the questions from the UTAH CFP app.

    ☐ Yes ☐ No Have you ever been convicted of a felony?
    ☐ Yes ☐ No Have you ever been convicted of a crime of violence?
    ☐ Yes ☐ No Have you ever been convicted of an offense involving the use of alcohol? (i.e. DUI/DWI, alcohol related reckless, unlawful use of alcohol, etc.)
    ☐ Yes ☐ No Have you ever been convicted of the unlawful use of narcotics or other controlled substances?
    ☐ Yes ☐ No Have you ever been convicted of any offense involving moral turpitude? (i.e., theft, criminal mischief, sex crimes, etc.)
    ☐ Yes ☐ No Have you ever been arrested for any offense involving domestic violence?
    ☐ Yes ☐ No Have you ever been adjudicated as mentally incompetent?
    ☐ Yes ☐ No Have you ever been involved in any incident in which you have used unlawful violence or threats of unlawful violence?
    ☐ Yes ☐ No Are you currently subject to a court sanctioned protective order?
    ☐ Yes ☐ No Have you ever been dishonorably discharged from the armed forces?

    I'm not sure how a dishonorable discharge from the armed forces might factor into denial, but I am glad for the other questions as they speak directly to the character of the applicant.

  7. #6
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    I seem to recall that one is asked to authorize medical info release, but I seriously doubt (if it happens to be that I am correct) that they would bother except in extreme cases and special situations.

    For one thing, no one ever asked who my docs are. So how would they follow up on the authorization? No doc has ever stated
    that they were contacted. Other than an illness which might influence judgment, as diabetes sometimes does, I can't imagine why health info would be
    of any importance for license issuance.

    I think the state does collect info on pharmacy sales of controlled substances-- I'm uncertain, but I think there was at one
    time and may still be a reporting requirement here. If there is, I suspect that no investigation of health goes beyond a cursory
    look at what controlled Rx you might be taking.

    One thing is for sure, the time frame for renewal processing is way to short for any sort of meaningful gathering of
    such information and meaningful understanding of what ever is (if at all) recovered.

    I've go no clue how the following interacts with HIPPA or is even lawful under HIPPA, but if it is actually being done, then TXDPS
    knows what controlled substances have been prescribed to you if they choose to check.

    http://www.txdps.state.tx.us/Interne...Forms/TP-9.pdf

    Texas Prescription Program
    Electronic Submission Guidelines
    ISSUED BY THE
    TEXAS DEPARTMENT OF
    PUBLIC SAFETY
    AUSTIN, TEXAS
    2
    Table of Contents
    Texas Prescription Program 3
    The Requirements 3
    Exceptions to Reporting Electronically 4
    Collection of Data 4
    Submission of Data 4
    Rejection of Data 5
    Accounting for Submissions 5
    Assistance and Support 8
    Helpful Hints 8
    State of Texas – ASAP Telecommunications Format
    for Controlled Substances 9
    State of Texas – ASAP Telecommunications Format
    Field Definitions 10
    Contact Information 11
    3
    Texas Prescription Program
    On September 1, 1999, the Texas Department of P
    ublic Safety (DPS) implemented changes in
    the Texas Prescription Program (TPP). Accord
    ing to the Health and Safety Code Section
    481.075, (i)(3), each dispensing pharmacist shall se
    nd all information required by the director,
    including any information required
    to complete an official prescr
    iption form, to the director by
    electronic transfer or another
    form approved by the director.
    Effective September 1, 2008, the
    Health and Safety Code Secti
    on 481.074, (q), requires th
    at each dispensing pha
    rmacist shall send
    all information required by the director, includ
    ing any information required to complete the
    Schedule III through V prescr
    iption forms, to the director by el
    ectronic transfer
    or another form
    approved by the director. In both cases, the prescription information must be transmitted not
    later than the 15
    th
    day after the last day of the month in which the prescription is completely
    filled. The TPP manages the collection and verification of required data from the Schedule II
    through V controlled substance prescriptions submitted electronically to DPS through a private
    contractor, Atlantic Associates, Inc. (AAI).
    Questions concerning interp
    retations of technical
    and compliance matters may be referred to AAI,
    however, final resolution decisions, including
    interpretation of regulations, will rest with the DPS.
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  8. #7
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    Well, now that the I.R.S. is going to be the official enforcement arm of ObamaCare and all patient medical records must be entered into this MASSIVE national data base - and it has been recently proved (beyond a shadow of a doubt) that the I.R.S. specifically and intentionally targeted folks with the word PATRIOT or or Constitution in their organization name & conservatives, tea party members, Republican donors etc...you can be certain that since not many ultra liberal lefties apply for firearm carry permits that your complete medical records and your entire medical history will soon be available to anybody that wants to see them.

    Stay Healthy My Friends And I am including you in there also Hopyard. You stay healthy also. I need somebody to tell me how wrong I am all the time on my wild speculations.
    msgt/ret and 1MoreGoodGuy like this.

  9. #8
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    Quote Originally Posted by QKShooter View Post
    Well, now that the I.R.S. is going to be the official enforcement arm of ObamaCare and all patient medical records must be entered into this MASSIVE national data base - and it has been recently proved (beyond a shadow of a doubt) that the I.R.S. specifically and intentionally targeted folks with the word PATRIOT or or Constitution in their organization name & conservatives, tea party members, Republican donors etc...you can be certain that since not many ultra liberal lefties apply for firearm carry permits that your complete medical records and your entire medical history will soon be available to anybody that wants to see them.

    Stay Healthy My Friends And I am including you in there also Hopyard. You stay healthy also. I need somebody to tell me how wrong I am all the time on my wild speculations.
    Well if they wanted to bop my license because of controlled substances they've missed the opportunity. I think the operative
    words are "dependent" and "abuse," and neither are descriptors of my life circumstance.

    That said, I do not like the TX controlled substance reporting law I mentioned above. (I assume too that all other states do likewise). I can't square that with the intent of HIPPA privacy laws. I think Fed law here pre-empts (or should pre-empt) the
    state reporting law as both levels of gov have legislated in the same area.

    I have very very mixed emotions about electronic medical records. I can see both good and bad in their use. I very recently
    had eye surgery at a hospital 90 miles from here and the anesthesiologists and eye surgeon had ready access to my
    health records here--- which made some things go very smoothly and easily and avoided a needless pre-op physical.

    My cardiologist has had ready access to ER records at a hospital not affiliated with where he works. When it works well it is good. It doesn't always work well.

    There are times it won't work well, errors will not be caught or will multiply or will remain on records, and these errors will cloud the judgment of docs seeing you for the first time or for second opinions. So, quite apart from potential use to deny permits, these things are neither clear cut good nor clear cut bad.
    QKShooter likes this.
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  10. #9
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    Here in Wayne County North Carolina you do sign a “release of medical information” form but nowhere are you asked the names of your doctors.
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    In Texas, you are required to answer questions regarding any psychiatric, drug, alcohol, or criminal history (new users only). See https://txapps.texas.gov/txapp/txdps/chl/loginTexas.do
    Ben

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  12. #11
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    Quote Originally Posted by BenGoodLuck View Post
    In Texas, you are required to answer questions regarding any psychiatric, drug, alcohol, or criminal history (new users only). See https://txapps.texas.gov/txapp/txdps/chl/loginTexas.do
    Yes, but that is different from what was asked in post 1. Does your state identify medical conditions/history as part of its "background" checks, OR does it ask for such info on the CHL application/renewal form itself? "

    Which I interpreted as asking if the state routinely double checks the answers by actually contacting docs, or by looking for\
    evidence to the contrary. I think not.

    Do they double check against the list of Rx controlled substances. I would maybe hope so, but only to make sure they
    aren't issuing a license to someone where there is a record that resembles doctor Rx shopping--- getting the same Rx from
    several different docs. I'm pretty sure that is what the reporting requirement is for--so maybe if you aren't on their
    suspect list that is the end of it. I do not know, and perhaps if we are lucky someone who does know will pop up and answer.

    Its a problematic area, and there are plenty of serious medical conditions which aren't necessarily treated with controlled substances. Moreover, there are plenty of non-psychiatric conditions (those which don't alter judgment) which do get
    treated with controlled substances.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  13. #12
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    Quote Originally Posted by tele_pathic View Post
    I'm not sure how a dishonorable discharge from the armed forces might factor into denial, but I am glad for the other questions as they speak directly to the character of the applicant.
    I would assume it factors into denial the same way it does on the 4473. Someone that has a dishonorable discharge from the armed forces isn't allowed to own a firearm (because what they were discharged for would be considered a felony) so I'm sure they're not allowed to carry one.


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