Seeking to balance free speech with public health, the California legislature on Monday approved a bill that would allow regulators to punish doctors for spreading false information about Covid-19 vaccinations and treatments.
If signed into law by Gov. Gavin Newsom, the bill would allow the American Medical Association, among other medical groups and professionals, to exacerbate the effects of the pandemic, resulting in thousands of unnecessary hospitalizations and deaths.
The law designates dissemination of false or misleading medical information to a patient as “unprofessional conduct” and is subject to punishment by the California Medical Board, the agency that licenses physicians. This could include suspending or revoking your medical license to practice medicine in your state.
While the law has raised concerns about free speech, supporters of the bill said the widespread damage caused by false information should be held to account for incompetent or unscrupulous doctors.
“Patients need enough information to give informed consent,” said Sen. Richard Pan, a Sacramento Democrat and co-author of the bill. A pediatrician himself and a prominent proponent of stronger vaccination requirements, he said the law was intended to address the “most egregious cases” of deliberately misleading patients. .
Misinformation and false details
California’s law reflects the growing political and regional divisions that have fueled the pandemic from the beginning. Other states are moving in the opposite direction, trying to protect the doctor From sanctions by regulatory boards, including advocating treatments involving hydroxychloroquine, ivermectin, and other drugs that the American Medical Association says are unproven.
If enacted, the law could face legal problems. Governor Newsom, who has three weeks to sign the bill, has yet to take a public position.
Other countries view the spread of vaccine misinformation as a crime, and while vaccination rates are high, state and U.S. government responses are largely limited to combating misconceptions with accurate information, he said. Professor Michelle M. Melo said: Stanford University.
She argues that even laws that cite “compelling interests” such as public health and safety risk having a chilling effect, a First Amendment standard in many courts, by providing police with disinformation. pointed out that there is a
“Initiatives like this would be contested in court and would be difficult to maintain,” she said in an interview. “That doesn’t mean it’s not a good idea.”
Here is California’s response: warning Last year, a coalition of state medical boards across the country said licensing boards should do more to discipline doctors who make false claims. The American Medical Association has also warned that dissemination of disinformation violates an ethical code that licensed physicians agree to follow.
The measure was one of a series of Covid-related bills proposed by a legislative working group that drew fierce opposition from lawmakers and voters. Some of the most controversial bills have either stalled or been repealed, including a bill that would require all schoolchildren in California to be vaccinated.
As legislation passed through Congress, its promoters narrowed the scope to directly address the direct interactions between doctors and patients. Although we do not respond to comments online or on TV, they are responsible for some of the most impactful cases of Covid misinformation and disinformation.
“Inaccurate information disseminated by physicians can have detrimental effects on individuals, especially with smartphones and other Internet-connected devices ubiquitous on wrists, desktops, and laptops, and thousands of miles away. reaching individuals in an instant could have far-reaching ill effects,” the federation said.state medical board report in April. “Doctors’ status and title lend credence to their claims.”
This law does not require suspension or revocation of a medical license and leaves such determinations to the California Medical Commission. It is intended to subject the dissemination of misinformation about Covid-19 to the same rules as other types of “unprofessional conduct” addressed by the Board.
The law defines disinformation as false information “deliberately disseminated with malicious or misleading intent.” The bill would tap into the controversial debate about alternative, often unproven Covid treatments and misinformation as disseminating information that “contradicts modern scientific consensus against standard of care.” Define.
Physicians have an obligation to provide patients with accurate, scientifically based information. This includes using licensed vaccines. It has been the subject of intense debate and political activism across the country, but there is broad agreement among medical professionals about its effectiveness.
A group called “Informed Consent Physicians” opposed the law, saying it would silence doctors.submitted by the group lawsuit This month, it seeks an injunction barring the California Medical Board from reprimanding doctors based on accusations of misinformation. The lawsuit said the statutory definition of disinformation is “absolutely vague.”
The swirl of misinformation surrounding vaccines has exacerbated the effects of the pandemic, in a recent letter to Surgeon General Vivek H. Mercy, CEO of the American Medical Association, James L. Madara. He said he contributed to public ignorance.
“The most unfortunate consequence of this is significant vaccine hesitation and refusal within certain communities and within certain demographics, ultimately resulting in severe illness, hospitalization, and death from Covid-19 in these populations. resulting in continued high rates of growth,” he wrote.