Citation

Blackwood KL, Christopher PP. Ann. Intern Med. 2021; ePub(ePub): ePub.

Copyright

(Copyright © 2021, American College of Physicians)

DOI

10.7326/M21-2792

PMID

34662147

Abstract

In 2019, nearly 40 000 persons in the United States died from firearms, and many more experienced firearm-related injury (1). Firearms are a leading cause of suicide and potentiate danger from intimate partner violence (IPV). Among other efforts to address firearm-related violence, 19 states and the District of Columbia now allow courts to issue extreme risk protection orders (ERPOs)--a number increased from 5 states in 2018 (2). These laws permit family members, police, and--in some jurisdictions--physicians and other clinicians to petition courts to remove firearms from persons who pose an imminent danger to themselves or others. Extreme risk protection orders last up to 1 year, with opportunities for extension and appeal.

Whether ERPOs can effectively mitigate firearm violence remains unknown. One study found that suicide rates decreased after 1 state authorized ERPOs (3). Notwithstanding the need for more research, President Biden directed the Justice Department to publish a model ERPO law in April 2021. He also called on Congress to incentivize states to adopt such laws and pass a federal ERPO statute. On 7 June 2021, the Justice Department published its model statute, outlining a role for physicians. Moreover, the American College of Physicians recently expressed support for ERPO legislation (2).

With the release of the Justice Department's model ERPO statute, the potential for a federal ERPO law on the horizon, and increased state interest in adopting such laws, it is imperative that physicians know the status of ERPO legislation in their state and what roles they may be called on to play in ERPO implementation. Here, we offer practical guidance on the current scope of physician responsibilities within ERPO laws and discuss both procedural steps for executing these duties and ethical and liability concerns that may arise...

Language: en