💬 Discussion

California’s Covid misinformation bill

Friday, Sep 16, 2022

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Medical professionals in California who spread COVID misinformation or disinformation could face penalties for “unprofessional conduct,” up to and including having their state license revoked, per a new bill recently approved by the state legislature.

💉🦠 A deeper dive… State law already prohibits doctors from lying to patients or mistreating them for any illness, per the SF Chronicle.

The new measure explicitly calls out Covid, saying false information about vaccines has endangered the lives of Californians, and that “some of the most dangerous propagators of inaccurate information” are licensed medical professionals.

  • It defines misinformation as "false information that is contradicted by contemporary scientific consensus contrary to the standard of care."
  • Disinformation is defined as “misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead."

If signed into law, the bill would prohibit doctors from “misleading” patients about Covid or the “development, safety and effectiveness” of its related vaccines and treatments. Enforcement would be up to the Medical Board of California, which licenses physicians and can discipline them.

✋ On the flip side: Critics of the bill argue it violates medical professionals’ 1st Amendment rights to free speech, and would lead to California becoming an arbiter of what could be said in private medical consultations.

👀 Looking ahead… Democratic Gov. Gavin Newsom has until the end of the month to sign or veto the bill, which would take effect on January 1 if approved. His office hasn’t indicated which decision Newsom plans to make.

📊 Flash poll: Do you agree or disagree with California’s measure regulating Covid mis/disinformation among medical professionals?

Agree

Disagree

Unsure/other

See a 360° view of what the media is saying →

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Sprinkles from the Left

  • Some commentators on the left argue that medical misinformation has caused thousands of avoidable deaths, and applaud California’s legislators for taking steps to curb the spread of false info.
    • Others contend that science has historically evolved because of individuals challenging existing norms, and bill AB 2098 would hinder scientific discoveries and medical debate.
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Sprinkles from the Right

  • Some commentators on the right argue that since health recommendations are tailored to the individual, generalizing widespread healthcare will result in worse outcomes for patients.
    • Others contend that California’s bill represents government intervention in the private affairs of a patient and their doctor, and would serve to silence doctors from telling patients how they truly feel for fear of repercussions.
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