By Ana B. Ibarra

WHAT THE BILL WOULD DO

AB 2098 would make it easier for the Medical Board of California to punish doctors who deliberately spread false information about COVID-19, vaccines and treatments. The bill, authored by Cupertino Democrat Evan Low, would classify disinformation as “unprofessional conduct,” allowing the board to take action. Discipline could include a public reprimand, probation, suspension, or license revocation. 

WHO SUPPORTS IT

The bill is supported by doctor groups including the California Medical Association, the California chapters of the American Academy of Pediatrics and the American College of Emergency Physicians. The groups argue that COVID disinformation is dangerous and undermines public health efforts.

WHO IS OPPOSED

Some individual doctors and groups like A Voice for Choice Advocacy argue that the bill infringes on doctors’ free speech and that physicians should be allowed to share their professional opinions without fear of repercussions. 

WHY IT MATTERS

The COVID-19 pandemic is ongoing and the virus has killed more than 94,000 people in California. COVID disinformation has been linked to vaccine hesitancy and in some cases has popularized unproven treatments. Since early in the pandemic, California has dealt with its share of doctors who have made false claims about the virus. Disinformation can have serious consequences. For example, last year the nations’ poison control centers saw a spike in calls after people reported taking ivermectin, an anti-parasite drug for animals, to cure COVID-19 after being persuaded by false information shared by influential people on the internet. 

GOVERNOR’S CALL ✅

Newsom signed the bill on Sept. 30, among his final decisions. In a signing statement, he sought to make clear that the measure “does not apply to any speech outside of discussions directly related to COVID-19 treatment within a direct physician patient relationship.” “I am signing this bill because it is narrowly tailored to apply only to those egregious instances in which a licensee is acting with malicious intent or clearly deviating from the required standard of care while interacting directly with a patient under their care,” he added.