FAC Application - Medical Condition

[Orion]

I'm still a bit confused why police haven't gone direct to the GP.

It's because the OP declared a notifiable medical condition on his application. The procedure is then this:

"If the applicant has declared a relevant medical condition the police may ask the applicant to obtain and pay for a medical report to assist with their consideration of medical suitability."

It isn't in response to the standard letter that GPs are sent after an FAC/SGC has been issued (as in the case of an applicant who has not declared any condition).

http://www.bma.org.uk/support-at-work/ethics/confidentiality-and-health-records/firearms

I can see a couple of massive holes in this newly introduced 'medical checks' procedure that leave it open to abuse and potentially render it invalid.

 

[bb2]

BMA link shows that they believe they have consent to access medical records for the full length of holding a FAC.

But do they?

Here is a response from the Information Commissioner’s office regarding the limitations of consent:
Case Reference Number ENQ0571696
In your email you ask questions about third parties gaining consent to access your medical records from your GP.
Question: […] once consent is given, is that consent infinite until explicitly withdrawn? In other words once consent is so given is the passage of time, whether that be days, weeks, months or years irrelevant ?.
ICO answer: Consent would need to gained with each request.
Question: […] once that consent has been given in writing for a third party (as above) to access a patients medical records, at the point those records are provided (accessed), does that specific consent then expire?
ICO answer: The consent would last until the records were accessed by the third party.
Question: To clarify that, can that given consent be exercised more than once or continuously ?
ICO answer: Consent would need to be gained with every request.
Question: Would any request made now be considered a fresh request and any attempt to use a historical consent be denied ?.
ICO answer: If there is going to be a new request for your medical data, consent would need to be gained.
Question: Would any registered medical practitioner be acting unethically if they made such a request based on an historical consent ?.
ICO answer: A medical practitioner needs to comply with the Data Protection Act 1998(DPA) and could not use a historical consent.
Question: Would the ICO position be if such a historical consent was attempted to be used or presented as being valid (despite the passage of time and previous access) that any registered medical practitioner should reject such a request as invalid and require a ‘fresh and current consent’ from the patient ?.
ICO answer:The GP would be required to gain consent upon every request.
Question: Any consent should be subject to informed consent and valid, a gap of years surely must be contrary to the original informed consent ?.
ICO answer: The third party need to obtain consent from yourself, every time they wish to access your medical records. Requesting consent every time would mean the third party would be complying to the first principle of the DPA. The first principle is about processing fairly and lawfully and with respect to one of the conditions outlined in the act.
To clarify, this means that an organisation must:
have legitimate grounds for collecting and using the personal data; not use the data in ways that have unjustified adverse effects on the individuals concerned; be transparent about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data;handle people’s personal data only in ways they would reasonably expect; and make sure they do not do anything unlawful with the data.
Information Commissioner’s Office

 

[Orion]

BMA link shows that they believe they have consent to access medical records for the full length of holding a FAC.

But do they?

From the ICO information you have supplied it would appear that they can access medical records for the full period of validty of an FAC/SGC....................................... but once exercised the consent is then deemed to have expired and if any further access were requested then another consent would be required. Is that how you read it?

It appears to be why the responsibility for obtaining an initial report (for those who have declared a relevant medical condition) lies with the applicant and not the police, thereby leaving the consent given with the signed FAC/SGC application form 201 still valid for another request if required.

http://basc.org.uk/wp-content/uploa...arms-licensing-medical-process-fact-sheet.pdf

 

[Eddie P]

From the ICO information you have supplied it would appear that they can access medical records for the full period of validty of an FAC/SGC....................................... but once exercised the consent is then deemed to have expired and if any further access were requested then another consent would be required. Is that how you read it?

It appears to be why the responsibility for obtaining an initial report (for those who have declared a relevant medical condition) lies with the applicant and not the police, thereby leaving the consent given with the signed FAC/SGC application form 201 still valid for another request if required.

http://basc.org.uk/wp-content/uploa...arms-licensing-medical-process-fact-sheet.pdf

A Dr can breach confidentiality in the interests of public safety.

For example if you go into your GP saying you're going to kill someone. Don't expect it to be confidential. The same applies if your are going blind or start to suffer from seizures, but refuse to stop driving.
So by extension, if your mental health changes the GP can volunteer that to the FLD.

 

[Orion]

A Dr can breach confidentiality in the interests of public safety.

I wasn't referring to a GP breaching confidentiality, more requests to access medical records by FLDs using the consent given on form 201.

 

[Eddie P]

I wasn't referring to a GP breaching confidentiality, more requests to access medical records by FLDs using the consent given on form 201.

I know, but I was adding that a declaration can be made in the future even with no further consent.

 

[Breaker Morant]

Hello All.
Just to update on this thread. The upturn after my GP and his practise refused to cooperate with my FAC application. I contacted the North Wales police FAC office and explained my dilemma, I have had to obtain a copy of my medical records and military medical records and send them to North Wales police where a police doctor will review my notes/records and say yey or ney, hopefully all will be well.

 

[kes]

I hope you are properly treated.
I worry about a police doctor - if a 'civi' doctor doesnt want to be liable for mis-judgements (lets call it - shooter goes wobbly) then wont a police doctor err on the side of caution ? Also police chiefs are quite anti public owning arms, so will he be more guided in his decision (yes or no) by police policy than medical evidence ? I don't know why this was agreed to honestly, the implications can not have been thought through fully. If its a police doctor do you get a second opinion if its negative or is that it?
I seriously wonder about the future of shooting in that gay people have a 'right' to be treated as everyone else and it is illegal to refuse e.g. accommodation on the grounds of discrimination and yet a doctor can refuse to give a simple judgement based on evidence, because you own and wish to use a gun.
It needs revisiting and 'no opt' permitted for GP's - they are employed by us after all - albeit indirectly. Too much given away, too little thought.
All the very best and let us know how it goes?

P.S. all the errors which have occurred with legally held guns are down squarely to police process - how and why should we suffer because of that ?
Someone, to put it politely needs a kick up the **** for agreeing this as an 'improvement'.

 

[Cyres]

Surely alot depends on what information you give them eg was treated for stress related illness in xxxx, treatment ceased xxxx and have been symptom free xxxx years/no further issues.

If we look in real life i doubt there is anybody who at one time in their life has not suffered eg divorce, fatality and such like and it is just a medical condition which has been resolved, this shouldn't effect your FAC application.

D

 

[bally796]

Hi Mate of mine was suffering from depression up until 2 years ago been free from depression for 1 year, he made appointment to see doctor, when asked what it was about he said it was private. doctor did the paper work and no charge
Bally