yhtomit wrote:
Reform hippa laws so crazy people can be legally identified.
Easier stated than accomplished.
HIPAA laws protect people from nosy, prying folks who have no earthly reason for seeing those records. And it presents a very slippery slope from which there is no return; greased at the edge and perpendicular to the ground.
The doctor/patient relationship has to remain highly sacrosanct, and not just for cases of mental illness for the purchase/ownership of firearms. There are all kinds of diseases and conditions which folks have, and which have negative social, financial, etc., implications for employment, social interaction, any number of reasons. Once the relationship has been broken for preventing a firearms purchase, the next fracture becomes much easier. If a judge decides that your illness/condition should be revealed to your employer, the game is over. Precedent has been established, and courts will use stare decisis for every reason under the sun to break the relationships. Your medical life is no longer private. Say you had syphilis when you were 21, you're now fifty. Want that to become public knowledge? And that's one of the milder examples.
From there, it's only a matter of which trust relationship can and must be violated - lawyer/client, priest/parishioner. The Fourth Amendment applies here especially. Now, I'm not naive to believe that these trust relationships are literally inviolable, they're not. But there have to be very real limits, and brutally high sanctions for anyone who violates them. Judges are not all bestowed with Themis-like wisdom, so we should err on the side of the individual.
There's great gnashing of teeth and thumping of breast over these last two shootings. However, bad as they were, they're a relatively rare event; higher numbers of murders go on each week in Chicago, Baltimore, and other large cities, and the "press" hardly reports on those.
If a person's mental condition is brought into the public arena, and it turns out that this person wasn't a mental defective because of error or maliciousness, just what is the remedy? It brings another round of legal proceedings, and the only ones that get rich are the lawyers. No amount of money will repair the loss of reputation once these violations are made. As the line from former Secretary of Labor James Donovan goes, "What office do I go to get back my reputation?".