California lawmakers to repeal COVID ‘misinformation’ law.
A bill to repeal California’s COVID-19 “misinformation” and “disinformation” law—intended to punish doctors who refused to comply with the government’s directives on masks, vaccines, and treatments during the pandemic—is quietly making its way through the state Legislature.
It would repeal provisions that “expressly designate the dissemination of misinformation or disinformation related to COVID-19 as unprofessional conduct,” according to an analysis by the bill’s author, Assemblyman Richard Roth (D-Riverside).
The bill passed on the Senate floor in May and is now being heard by the Assembly, where it has passed two committees but has not yet had a floor vote.
In his signing message, the governor warned about the “chilling effect” other potential laws could have on the freedom of physicians and surgeons to effectively talk to their patients about the risks and benefits of treatments for COVID-19.
“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,” he wrote.
Mr. Newsom said the law only applies to physicians’ speech with patients during discussions directly related to COVID-19 treatment.
“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.”
Days later, the law, which vaguely defined “misinformation and disinformation” as “unprofessional conduct” was challenged in court.
Legal Challenges
It has since been met with legal challenges, including complaints from Democratic presidential hopeful Robert F. Kennedy Jr. and the American Civil Liberties Union, two California doctors, Mark McDonald and Jeff Barke, and a group of five other physicians.
One of the plaintiffs in the latter lawsuit was Dr. Aaron Kheriaty who was fired as the University of California–Irvine medical ethics director after he refused to get the COVID-19 vaccination, saying he was naturally immune after contracting the illness and recovering from it.
However, his ruling runs contrary to a U.S. District Court out of California’s Central District judge’s earlier decision to deny a preliminary injunction to Dr. Barke and Dr. McDonald, after they sued the Medical Board of California and state Attorney General Rob Bonta in October 2022 seeking the court to declare AB 2098 unconstitutional and a preliminary injunction to prevent its enforcement. The case is still pending in the courts.
“The standard of care is always changing, especially as it relates to something new like COVID,” Dr. Barke said in an interview.
He said, today, for example, many people look back and laugh at the time when they sprayed down their groceries with alcohol or other disinfectants.
“We were all kind of freaked out, and then a few weeks later we were like, ‘What in the heck are we doing? This makes no sense at all,’” he said. “So, it’s an evolving situation.”
During the lockdowns, President Joe Biden, Dr. Anthony Fauci, and Dr. Deborah Birx “all told us that if you get this vaccine, you don’t have to worry about getting COVID,” Dr. Barke said. “Well, we know now that’s not true.”
Yet, under AB 2098, any doctor who said early on in the pandemic that vaccines won’t stop the disease or transmission of it, could have put their medical license in jeopardy for dissenting from the narrative of health care authorities or the corporate news media, he said.
“And so, if I were to say hydroxychloroquine and ivermectin work—and they do—and the government disagrees with that, technically they could take my license away,” he said.
Dr. Barke said AB 2098 is not only a violation of First Amendment rights but that it’s dangerous to patients because it forces doctors to adhere to the government’s narrative.
“It’s bad for doctors, and it’s dangerous for patients that I’m not allowed to speak my truth and give them an opinion based on my understanding of science, and my understanding of the patient and their complicated history,” he said.
Additionally, Dr. Barke said he no longer supports retail pharmacies that toed the government line during the pandemic and will only use “freedom-loving” compounding, or community pharmacies.”
“Now they’ve said, ‘Just kidding. Ivermectin is probably OK,’” Dr. Barke said.
“This law attempts to mandate a new and undefined standard known as ‘contemporary scientific consensus’ and illegally suppress differing professional opinions counter to this consensus on COVID-19,” she wrote in January.
Political Response
Assemblyman Low said in a statement emailed to The Epoch Times Sept. 12 that the SB 815 “update” will still hold doctors accountable.
“Fortunately, with this update, the Medical Board of California will continue to maintain the authority to hold medical licensees accountable for deviating from the standard of care and misinforming their patients about COVID-19 treatments,” he said.
When asked if state medical board complaints against doctors for defying government mandates would be dismissed, he declined to comment.
Mr. Pan, who left office in December and is now running in Sacramento’s mayoral race, was unavailable for comment, according to his campaign staff.
‘Ugly Side’ of Overreach
Dr. Michael Huang, one of the doctors affected by AB 2098, shut down his independent family medical practice in Roseville, California, after he was inundated with about 30 Medical Board of California complaints.
Dr. Huang, who prescribed ivermectin and hydroxychloroquine for COVID-19-positive patients, says he has n
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