California’s “Misinformation Bill” Has Chilling Effect On Doctors

California’s “misinformation bill” is now in effect, signed by Gov. Newsom in September. Assembly Bill 2098 authorizes the Medical Board of California and the Osteopathic Medical Board of California to “designate the dissemination of misinformation of disinformation related to the SARS-CoV-2 coronavirus as unprofessional conduct.”

Despite growing evidence to the contrary, the bill also fails to recognize the mRNA shots as even minimally harmful or life-threatening. In fact, the misinformation bill quotes CDC data showing that “unvaccinated individuals are at a risk of dying from COVID-19 that is 11 times greater than those who are fully vaccinated.” You would have to twist yourself into a pretzel to believe that statement at this point. A growing body of evidence simply does not support that belief. Keep in mind Florida State Surgeon General Dr. Joseph A. Ladapo has already recommended against the administration of mRNA shots for males ages 18-39.

The misinformation bill goes hard on vaccine disinformation and misinformation, stating it has “weakened public confidence and placed lives at serious risk.” As a result of “dangerous” information from physicians who “engage in the dissemination of COVID-19 vaccine misinformation and disinformation,” the bill advocates for the removal of their medical licenses if they continue to spread unapproved information.

“Physicians,” the bill continues, “have a duty to provide their patients with accurate, science-based information.” It is a “public health crisis” to have physicians practicing in ways they have freely practiced in the past. In my opinion, it is absurd to punish doctors for what amounts to educated and practiced clinical judgment, especially in light of where we are with the data found on the CDC’s own website.

Many physicians are concerned about the bill’s implications on health practitioners in the state. Two physicians represented by the Liberty Justice Center filed a lawsuit in the U.S. District Court for the Central District of California against the Medical Board of California and the Attorney General of California. Mark McDonald, MD, a Los Angeles psychiatrist, and Jeff Barke, MD, an Orange County primary care physician, also filed “papers seeking a preliminary injunction to protect their free speech rights as the case unfolds.”

Some attorneys believe the bill is unconstitutional and violates the First Amendment. Barke says the bill is tyrannical, and a “giant gag order to physicians,” and many will simply move out of state—a state that is already experiencing a “shortage of primary care doctors.” Read Full Article >