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California Passes COVID Policy Law Silencing Doctors

By Carolyn Hendler, JD

A new law in California will punish doctors if they give their patients information related to COVID-19 that does not conform to “contemporary scientific consensus” and can be deemed “misinformation” or “disinformation” by the California Medical Board or California Osteopathic Board.  Assembly Bill 2098 was sponsored by State Senator Richard Pan, a pediatrician, and signed into law by Governor Gavin Newsom on September 30, 2022. It is scheduled to go into effect Jan. 1, 2023, and allows doctors to be charged with unprofessional conduct and put on probation of no less than five years or be suspended and lose their medical license.1 2 3 4

The California Medical Board and California Osteopath Board will have the authority to investigate and adjudicate claims that a doctor violated the law.5 If a physician is found to have departed from the government approved “standard of care” policy related to COVID-19,  one of the California medical boards could revoke his or her medical license.6

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