California AB 2098 was signed into law by Governor Gavin Newsom, and this bill essentially muzzles doctors preventing them from rendering medical opinions on COVID-19. The law states that doctors must follow an approved consensus that is judged by the California Medical Board, and violations will result in penalties and potential loss of licensure. This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or “COVID-19,” as unprofessional conduct.
Bill Text
SECTION 1.
The Legislature finds and declares all of the following:
(a) The global spread of the SARS-CoV-2 coronavirus, or COVID-19, has claimed the lives of over 6,000,000 people worldwide, including nearly 90,000 Californians.
(b) Data from the federal Centers for Disease Control and Prevention (CDC) shows that unvaccinated individuals are at a risk of dying from COVID-19 that is 11 times greater than those who are fully vaccinated.
(c) 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.
(d) The spread of misinformation and disinformation about COVID-19 vaccines has weakened public confidence and placed lives at serious risk.
(e) Major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding the COVID-19 vaccines are licensed health care professionals.
(f) The Federation of State Medical Boards has released a statement warning that physicians who engage in the dissemination of COVID-19 vaccine misinformation or disinformation risk losing their medical license, and that physicians have a duty to provide their patients with accurate, science-based information.
(g) In House Resolution No. 74 of the 2021–22 Regular Session, the California State Assembly declared health misinformation to be a public health crisis, and urged the State of California to commit to appropriately combating health misinformation and curbing the spread of falsehoods that threaten the health and safety of Californians.
SEC. 2.
Section 2270 is added to the Business and Professions Code, to read:
(a) 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.
(b) For purposes of this section, the following definitions shall apply:
(1) “Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(2) “Disinformation” means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(3) “Disseminate” means the conveyance of information from the licensee to a patient under the licensee’s care in the form of treatment or advice.
(4) “Misinformation” means false information that is contradicted by contemporary scientific consensus contrary to the standard of care.
(5) “Physician and surgeon” means a person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(c) Section 2314 shall not apply to this section.
SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Similar bills and practices are in place in Canada, the UK, and Australia. Many countries are moving in this direction in an attempt to save the crumbling COVID-19 narrative. In this week’s Report, we have several segments on the importance to patients of having a free and independent medical opinion rendered by a doctor and the freedom to seek second opinions. Patients don’t go to see doctors for government narratives — they are seeking professional advice and personalized care.
Two courageous California physicians, Dr. Jeff Barke and Dr. Mark McDonald, are suing the State of California to prevent this bill from going into effect on January 1, 2022.1 We have an exclusive interview with Dr. Barke on the back side of the McCullough Report. You will also hear the voices of journalists Amanda Brilhante, Carl Higbie, and Dan Bongino with Dr. McCullough.
We also have a trailer clip from the new full-length feature documentary “The Real Anthony Fauci,” based upon the best-selling book with the same title. The movie premiers on October 18, 2022.2 Our music segment is “Faith is All that’s Left” by Let Freedom Sing and was sent in by Danielle Sharon, Psy.D., IBCLC.3
So let’s get real, let’s get loud; on America Out Loud Talk Radio, this is The McCullough Report!
The McCullough Report: Sat/Sun 2 PM ET Encore 7 PM – Internationally recognized Dr. Peter A. McCullough, known for his iconic views on the state of medical truth in America and around the globe, pierces through the thin veil of mainstream media stories that skirt the significant issues and provide no tractable basis for durable insight. Listen on iHeart Radio, our world-class media player, or our free apps on Apple, Android, or Alexa. Each episode goes to major podcast networks early in the week and can be heard on-demand anywhere in the world.
References:
1 https://libertyjusticecenter.org/media/ab-2098/
2 https://www.therealanthonyfaucimovie.com/trailer/
3 https://www.youtube.com/watch?v=i737NuYK0f4