California Gov. Gavin Newsom signed a bill into law on Sept. 30 that allows the state medical board to discipline physicians for “misinformation” or “disinformation” related to COVID-19.
According to the law, misinformation means “false information that is contradicted by contemporary scientific consensus contrary to the standard of care,” while disinformation is “misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.”
Newsom gave his reasoning for signing the bill, AB 2098, which was introduced by Democratic Assemblyman Evan Low (D-Campbell).
“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,” Newsom wrote in his signing message.
Newsom said the law only applies to physicians’ speech with patients during discussions directly related to COVID-19 treatment.
“I am concerned about the chilling effect other potential laws may have on physicians and surgeons who need to be able to effectively talk to their patients about the risks and benefits of treatments for a disease that appeared in just the last few years,” he wrote. “However, I am confident that discussing emerging ideas or treatments including the subsequent risks and benefits does not constitute misinformation or disinformation under this bill’s criteria.”
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