- California Governor Gavin Newsom signed a bill allowing state medical commissions to reprimand doctors and surgeons who spread false information about COVID-19 while caring for patients.
- The law defines misinformation as “misinformation that contradicts current scientific consensus that goes against standard care.”
- Suspicion of medical misinformation about COVID-19 keeps vaccination coverage relatively low in the US
California Governor Gavin Newsom on Sept. 30 signed a bill allowing the state medical board to reprimand doctors and surgeons who spread coronavirus misinformation during in-person patient care.
This includes the possibility of suspending or revoking your California medical license.
Bill AB2098 allows licensed physicians or surgeons to “unprofessional” if they disseminate “misinformation or disinformation” about the nature and risks of the virus, COVID-19 prevention and treatment and development, safety and treatment. said to have committed an act. Efficacy of the COVID-19 vaccine.
In a statement issued that day, Governor Newsom emphasized that “this bill does not apply to speech other than discussions directly related to COVID-19 treatment in direct physician-patient relationships.”
As a result, doctors and surgeons who spread misinformation about COVID-19 on social media will not face disciplinary action.
The law defines misinformation as “misinformation that contradicts current scientific consensus that goes against standard care.”
According to the law, disinformation is “intentionally disseminated disinformation.” [by a physician or surgeon] with malicious or misleading intent; ”
Newsom said in a statement that the law’s language is “narrowly tailored to apply only to egregious instances” of misinformation and disinformation about COVID-19.
He also warned of “the chilling effect that other potential legislation may have on physicians and surgeons who need to be able to effectively talk to their patients about the risks and benefits of treating diseases that have emerged in recent years.” I am concerned about
“However, I am confident that discussing new ideas and treatments, including subsequent risks and benefits, would not constitute misinformation or disinformation under the standards of this bill,” he said.
Brianna da Silva Bhatia, Ph.D., COVID-19 health strategist at Physicians for Human Rights, said COVID-19 misinformation and disinformation are “hindering the ability of scientific, medical, and public health professionals to respond to the pandemic. ‘ said.
“I can’t help but wonder how many lives could have been saved from the beginning of the crisis, especially if there had been global solidarity around transparency, truth and the scientific process,” she said. I was.
Much of this misinformation has to do with the COVID-19 vaccine. These misconceptions have discouraged many people from getting vaccinated.
It has taken a heavy toll on the American population.
About 319,000 American lives could have been saved by April 2022 if all subjects in the country had rolled up their sleeves, according to an analysis by researchers at Brown University and Microsoft AI Health. I have.
Additionally, COVID-19 misinformation and disinformation is causing $50 million to $300 million in economic losses each day, researchers at the Johns Hopkins Center for Health Security estimate.
“Even more shocking is the number of medical professionals, many of whom are doctors, who have manipulated, amplified and disseminated disinformation that has been clearly proven false.”
“Their actions resulted in needless deaths and irreparable damage to public health,” she added.
Da Silva Bhatia agrees that given the huge negative impact of COVID misinformation, the California Medical Board should have the ability to discipline doctors who “betray professional ethics and public trust.”
Additionally, she said it was “extremely embarrassing” that the law was necessary to stop doctors from spreading lies about COVID-19 to their patients.
Michelle Melo, Ph.D., professor of law and health policy at Stanford University’s School of Forensic Medicine, noted that the California Medical Board already has the authority to take action against doctors who engage in unprofessional conduct. .
“So it makes sense to me that a medical board empowered to ensure competent medical practice in the state would want to track down this kind of misinformation.
Essentially, the new law takes the additional step of clearly defining COVID-19 misinformation and disinformation as unprofessional conduct.
Mello anticipates that legal issues will likely arise if a doctor or surgeon is reprimanded as a result of the law.
But “Congress appears to have made a calculated decision to be willing to test this law in court against the inevitable challenge,” she said.
