AB 2098: Physicians and surgeons: unprofessional conduct.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-30
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would also make findings and declarations in this regard.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would also make findings and declarations in this regard.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would also make findings and declarations in this regard.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination or promotion of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would require the board to consider specified factors prior to bringing a disciplinary action against a physician and surgeon. The bill would also make findings and declarations in this regard.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination or promotion of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would require the board to consider specified factors prior to bringing a disciplinary action against a physician and surgeon. The bill would also make findings and declarations in this regard.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.
This bill would designate the dissemination or promotion of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or COVID-19, as unprofessional conduct. The bill would require the board to consider specified factors prior to bringing a disciplinary action against a physician and surgeon. The bill would also make findings and declarations in this regard.
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 202122 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:2270.(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 licensees 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.
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 202122 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:2270.(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 licensees 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.
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 202122 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:2270.(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 licensees care in the form of treatment or advice.(4)Misinformation means false information that is contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee. 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.
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 202122 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:2270.(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)Prior to bringing a disciplinary action against a licensee under this section, the board shall consider both whether the licensee departed from the applicable standard of care and whether the misinformation or disinformation resulted in harm to patient health.(c)(b)For purposes of this section, the following definitions shall apply:
(1)Physician and surgeon means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).(2)(1)Board means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(3)Misinformation means false information that is contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.(4)(2)Disinformation means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(5)(3)Disseminate means the conveyance of information from the licensee to a patient under the licensees care in the form of treatment or advice.(4)Misinformation means false information that is contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.
(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).
(d)(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.
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 5,000,000 6,000,000 people worldwide, including nearly 75,000 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 202122 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:2270.(a)It shall constitute unprofessional conduct for a physician and surgeon to disseminate or promote 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)The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section:(1)Whether the licensee deviated from the applicable standard of care.(2)Whether the licensee intended to mislead or acted with malicious intent.(3)Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individuals medical history or condition.(4)Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.(b)Prior to bringing a disciplinary action against a licensee under this section, the board shall consider both whether the licensee departed from the applicable standard of care and whether the misinformation or disinformation resulted in harm to patient health.
(c)For purposes of this section, the following definitions shall apply:
(1)Physician and surgeon means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(2)Board means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(3)Misinformation means false information that is contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.
(4)Disinformation means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(5)Disseminate means the conveyance of information from the licensee to a patient under the licensees care in the form of treatment or advice.
(d)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.
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 5,000,000 people worldwide, including nearly 75,000 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 202122 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:2270.(a)It shall constitute unprofessional conduct for a physician and surgeon to disseminate or promote 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)The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section:
(1)Whether the licensee deviated from the applicable standard of care.
(2)Whether the licensee intended to mislead or acted with malicious intent.
(3)Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individuals medical history or condition.
(4)Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.
(c)For purposes of this section, the following definitions shall apply:
(1)Physician and surgeon means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(2)Board means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(d)Section 2314 shall not apply to this section.
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Date
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Status
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|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State - Chapter 938, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Sep 12, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 8. Page 5236.). |
| Aug 23, 2022 | Read second time. Ordered to third reading. |
| Aug 22, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 5. Noes 2.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (June 27). Re-referred to Com. on APPR. |
| Jun 21, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 8, 2022 | Referred to Com. on B., P. & E.D. |
| May 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 20.) |
| May 12, 2022 | Read second time. Ordered to third reading. |
| May 11, 2022 | From committee: Do pass. (Ayes 12. Noes 4.) (May 11). |
| Apr 21, 2022 | Re-referred to Com. on APPR. |
| Apr 20, 2022 | Read second time and amended. |
| Apr 19, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 5.) (April 19). |
| Feb 24, 2022 | Referred to Com. on B. & P. |
| Feb 15, 2022 | From printer. May be heard in committee March 17. |
| Feb 14, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2022 | AB 2098 Low Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 30, 2022 | Assembly 3rd Reading AB2098 Low et al. By Pan | Senate Floor |
Passed |
|
| May 26, 2022 | AB 2098 Low Assembly Third Reading | Assembly Floor |
Passed |
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