Gavin Newsom signs bill making it easier to punish California doctors who spread COVID 'misinformation,' top epidemiologist warns: 'Chilling interference with the practice of medicine'



California Gov. Gavin Newsom (D) signed a controversial bill that would enable medical boards to discipline doctors who are believed to spread "misinformation" about COVID-19 to patients. The new legislation could punish California physicians and surgeons who don't toe the line with the revocation of their medical license.

On Friday, Newsom signed into law Assembly Bill 2098.

"Assembly Bill 2098 provides that the dissemination of misinformation or disinformation related to COVID-19 by physicians and surgeons to a patient under their direct care constitutes unprofessional conduct," Newsom said in a statement.

Newsom specified that AB 2098 only applies to "discussions directly related to COVID-19 treatment within a direct physician-patient relationship."

The text of the bill reads, "The spread of misinformation and disinformation about COVID-19 vaccines has weakened public confidence and placed lives at serious risk. Major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding the COVID-19 vaccines are licensed health care professionals."

The bill references the Federation of State Medical Boards – which represents the state medical and osteopathic regulatory boards across the country.

"The Federation of State Medical Boards has released a statement warning that physicians who engage in the dissemination of COVID-19 vaccine misinformation or disinformation risk losing their medical license, and that physicians have a duty to provide their patients with accurate, science-based information," the California bill threatens.

"Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California," the bill notes.

AB 2098 states, "This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or 'COVID-19,' as unprofessional conduct."

According to the Medical Board of California, the minimum punishment for unprofessional conduct is five years probation, and the maximum penalty is the revocation of the doctor's medical license.

AB 2098 reads: "It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines."

There was much pushback against Assembly Bill 2098.

One vocal critic of AB 2098 is Dr. Jay Bhattacharya – an epidemiologist and professor of Health Policy at the Stanford University School of Medicine.

In April, Bhattacharya wrote a piece exposing the dangers of AB 2098 when it was first introduced.

"According to California Assembly Bill 2098, physicians who deviate from an authorized set of beliefs would do so at risk to their medical license," Bhattacharya wrote. "The bill, written by Assemblyman Evan Low, a Democrat in Silicon Valley, and currently making its way through the California Legislature, is motivated by the idea that practicing doctors are spreading 'misinformation' about the risks of COVID, its treatment, and the COVID vaccine."

"The language of the bill itself is intentionally vague about what constitutes 'misinformation,' which makes it even more damaging," he continued. "Doctors, fearing loss of their livelihoods, will need to hew closely to the government line on COVID science and policy, even if that line does not track the scientific evidence."

Bhattacharya warned, "What is abundantly clear is that this bill represents a chilling interference with the practice of medicine. The bill itself is full of misinformation and a demonstration of what a disaster it would be to have the legislature dictate the practice of medicine."

Kevin Kiley – a Republican member of the California State Assembly – wrote on Twitter, "On Friday Newsom took a sledgehammer to the First Amendment by signing the medical censorship bill. The courts will strike down AB 2098 in short order."

Epidemiologist Tracy Beth Høeg, M.D., Ph.D., noted, "Wow. Well, Newsom signed AB 2098, the Physician Misinformation Bill into law. & the text of the former bill, now law, already ironically contains misinformation. It says unvaxxed at '11 times greater' risk of dying from COVID than vaxxed, but CDC's website says it's only 5x."

Medical journalist Liz Highleyman added, "I don't trust the government, medical board, or big tech to adjudicate misinformation when scientific consensus is constantly changing. I fear #AB2098 could have negative consequences, including frivolous & revenge lawsuits."

California passes bill to punish doctors who dissent from government-approved COVID-19 narrative



The California legislature has passed a bill that would punish doctors and other medical professionals for spreading purportedly false information about COVID-19 vaccinations and treatments.

If signed by Gov. Gavin Newsom (D), AB 2098 would make health care professionals accused of spreading misinformation or disinformation about COVID-19 liable to disciplinary action from the Medical Board of California for "unprofessional conduct." That could include suspending or revoking a doctor's license to practice medicine in the state, according to the New York Times.

Democrats supporting the measure argue that the bill would address harms inflicted by the spread of misinformation, which the American Medical Association and other medical groups have claimed contributed to thousands of unnecessary hospitalizations and deaths.

"Due to their specialized knowledge and training, licensed physicians possess a high degree of public trust and therefore must be held to account," state Assemblyman Evan Low (D) said in a statement announcing the bill in February.

"The spreading of misinformation, of inaccurate COVID-19 information, contradicts that responsibility and threatens to further erode the public trust in the medical profession and puts all patients at risk," Low said.

The bill targets direct conversations between doctors and their patients. It does not address comments made online or on television. It also would not require the suspension or revocation of a doctor's license, but it gives that option to the medical board, which already holds licensing powers over doctors and may take disciplinary action against those accused of other sorts of "unprofessional conduct."

Lawmakers defined disinformation as falsehoods "deliberately disseminated with malicious intent or an intent to mislead." But the most controversial part of the bill, according to its critics, defines misinformation as spreading information "that is contradicted by contemporary scientific consensus contrary to the standard of care."

Opponents of the bill say the "standard of care" language is hopelessly vague and anti-scientific, warning it could mean whatever the government says it means. They have also raised concerns that stifling minority or dissenting opinions in health care could hinder the progress of medicine.

\u201c\ud83e\uddf5 In a shocking/unbelievable move, @CASenateDems @AssemblyDems are about to pass #AB2098 & send to @GavinNewsom to sign into law. Would take away any doc\u2019s medical license for \u201cCOVID misinformation\u201d as defined by THEM (not necessarily scientific fact). https://t.co/h8XGfGKfyl\u201d
— Houman David Hemmati, MD, PhD (@Houman David Hemmati, MD, PhD) 1661835575


A group called Physicians for Informed Consent labeled AB 2098 as the "worst bill of the 2022 legislative session" and accused lawmakers of attempting to censor California physicians and surgeons who oppose COVID-19 vaccine mandates and have promoted alternative or off-label treatments for the coronavirus.

"Without California doctors being free to speak their mind and educate the public, regarding COVID-19 or vaccination or any other controversial topic, no other public health laws will matter as legislators will not be able to obtain knowledge from a breadth of physician and surgeon opinions, and the public will not be able to obtain their doctors’ honest opinion — because doctors who think and act differently from the contemporary 'applicable standard of care' will fear losing their medical license," the group wrote to lawmakers in March.

Physicians for Informed Consent filed a lawsuit earlier this month seeking an injunction against the Medical Board of California on First Amendment grounds. The group argues the board has "weaponized" the phrase "misinformation" to target "scientific dissent."

If AB 2098 becomes law, it will almost certainly face legal challenges on similar grounds.