California Governor Gavin Newsom signed into law Friday a bill that allows the medical boards of California to be used as government overseers as they discipline doctors who provide their patients with informed consent about the risks of the COVID-19 mRNA shots and the benefits of early treatment for COVID disease with off-label drugs.
Newsom signed AB 2098, which labels as “unprofessional conduct” a doctor’s discussion about the benefits of early treatment of COVID with effective, readily available, and inexpensive medications already in use for years.
Physicians who share information about the risks associated with the mRNA shots, which the government calls “vaccines,” or the benefits of early treatment with drugs such as hydroxychloroquine and ivermectin, could be brought before the Medical Board of California or the Osteopathic Medical Board of California and threatened with the loss of their license and livelihood.
The Medical Board of California states the minimum punishment for “unprofessional conduct” is five years’ probation, with the maximum penalty as the revocation of the physician’s medical license.
“In cases charging repeated negligent acts with one patient, a public reprimand may, in appropriate circumstances, be ordered,” the board says.
The legislation’s text states:
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.
In the text, “misinformation” refers to “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.”
It is unclear, however, who decides what the “consensus” is.
“Why should doctors who discuss these facts with patients be threatened with the loss of their livelihoods?” asked Dr. Harvey Risch, professor emeritus and senior research scientist in epidemiology at Yale School of Public Health, in a column at RealClearHealth.
“Don’t patients have the right to receive informed consent?” he added. “Isn’t that obligatory for doctors to provide?”
The text of AB 2098 also states the Centers for Disease Control and Prevention (CDC) has claimed “unvaccinated individuals are at a risk of dying from COVID-19 that is 11 times greater than those who are fully vaccinated.”
Epidemiologist Dr. Tracy Høeg, however, observed the measure’s text “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,” she posted to Twitter.
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
🤦♀️ https://t.co/3NQwr6r24C pic.twitter.com/eK13zOhmAd
— Tracy Høeg, MD, PhD (@TracyBethHoeg) October 1, 2022
My article in @SFGate herehttps://t.co/fNkFpkCSFz
— Tracy Høeg, MD, PhD (@TracyBethHoeg) October 1, 2022
In January, however, a CDC report also admitted “natural immunity was six times stronger during Delta wave than vaccination.”
New CDC report admits ‘natural immunity was six times stronger during Delta wave than vaccination’ https://t.co/BjhPeEoxO7
— American Wire News (@americanwire_) January 22, 2022
“The safety and efficacy of COVID-19 vaccines have been confirmed through evaluation by the federal Food and Drug Administration (FDA) and the vaccines continue to undergo intensive safety monitoring by the CDC,” the bill says, adding that “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 “intensive safety monitoring” of the “vaccines,” however, is being challenged by many sources.
Cardiologist and internist Dr. Peter McCullough commented, for example, on the push by government health officials for Americans to get the updated COVID boosters when unsuccessful trials were performed on “eight mice,” and none on humans.
Because the animal studies failed for bivalents, when they fizzle in human populations and safety events accrue, the regulators will have nowhere to hide. Govts backing away. Never skip human trials with a biological product. Never, ever. Courtesy Steve Bannon, War Room. pic.twitter.com/v5FzTOPvHx
— Peter A. McCullough, MD, MPH™ (@P_McCulloughMD) September 22, 2022
Senator Rand Paul (R-KY) has also highlighted to Americans that if Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, represents the scientific “consensus,” the government is relying on an individual who “continues to lie, cover-up, and deny the science to promote himself.”
Dr. Fauci continues to lie, cover-up, and deny the science to promote himself. I'm doing everything I can to hold Fauci accountable and TAKE BACK THE SENATE. Stand with me: https://t.co/I202tTePi7 https://t.co/qu6I9Uu5U9
— Rand Paul (@RandPaul) September 14, 2022
“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 signing message.
The governor claimed the bill 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” with a patient directly under his or her care.
Newsom apparently felt the need to further clarify: “To be clear, this bill does not apply to any speech outside of discussions directly related to COVID-19 treatment within a direct physician-patient relationship.”
But, Laura Powell, founder of Californians for Good Governance, wrote at Substack:
There is no question that the bill is aimed at restricting speech based on its content. As such, it would be presumptively invalid and could only be upheld if the government could prove that the law is narrowly tailored to serve a compelling state interest.
I don’t know why I’m surprised, but Gavin Newsom actually signed AB2098.
Doctors can now be punished for disagreeing with whatever the state deems fact du jour.
That sound you hear is it any sensible medical professional fleeing California. pic.twitter.com/NQ6WCotMDg
— Kevin Dalton (@KevinForBOS) October 1, 2022
According to a report at The California Globe, some attorneys say the legislation is a violation of the First Amendment of the U.S. Constitution.
“Censorship and criminalization are not the bulwarks of a free society,” attorney Leigh Dundas said while addressing crowds at a protest rally Friday at the State Capitol. “The stark reality is if we are to remain a constitutional republic, then doctors must remain free to practice medicine.”
“Science and medicine are constantly evolving by challenging the status quo,” Dundas added, warning that if AB 2098 is allowed to stand, “guess who is next on the chopping block – the press.”
According to the bill’s website, AB 2098 was introduced by Assemblyman Evan Low (D-Campbell), who chairs the California Legislative LGBTQ Caucus, and co-authored by LGBTQ activist and State Senator Scott Wiener (D-San Francisco).
Wiener also sponsored a bill (SB-107), signed into law by Newsom last week, that makes California a safe haven for parents who want their children with gender dysphoria to be treated with drugs and surgeries.
The same state senator authored a bill in 2020 that ended a requirement of registration as a sex offender for any young adult who engages in oral or anal sex with a willing child who is within 10 years of the minor’s age, claiming such a penalty to be “discrimination” against LGBTQ individuals.
Other doctors posted their concerns about California’s new law.
For 20 years we were taught the wrong/ fraudulent model for Alzheimer’s. For 20 years we were taught a mistaken model for depression. It was the people who challenged and questioned the dominant narratives that advanced science. True science encourages questions. Not this👇🤦 pic.twitter.com/cMefpUGgkT
— Afshine Emrani MD FACC (@afshineemrani) October 1, 2022
I don't live in California, but I am deeply worried about their corrupt vaccine coercion spreading to other states. This is a must read for Americans, or at least those who still identify as one.https://t.co/y6xC6REqrL
— Pierre Kory, MD MPA (@PierreKory) September 30, 2022
Dr. Pierre Kory, a co-developer of COVID early treatment protocols with Front Line COVID-19 Critical Care Alliance (FLCCC), emphasized why all Americans should be concerned about California’s new law, which can easily be taken up by other Democrat-led states.
Kory hosted at his Substack column an essay from another column titled “The Forgotten Side of Medicine” regarding “criminal control of information,” “corruption of science,” and “coercion of the public in regards to vaccines.”
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Susan Berry, PhD, is national education editor at The Star News Network. Email tips to [email protected].
Photo “Gavin Newsom” by Gage Skidmore. CC BY-SA 2.0. Background Photo “COVID-19 Vaccine” by NIH Image Gallery.