By Jondi Gumz
Two doctors have filed a federal lawsuit challenging AB 2098, the new law that subjects doctors to disciplinary actions by state medical boards if they provide misinformation or disinformation to patients about Covid-19.
Dr. Mark McDonald, a psychiatrist in Los Angeles, and Dr. Jeff Barke, a board-certified family physician in Orange County, want the law declared unconstitutional. They claim the law aims to chill speech of doctors whose assessment of the Covid evidence differs from the state of California.
The law targets 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.
The law defines misinformation as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care” and disinformation as misinformation the doctor “deliberately disseminated with malicious intent or an intent to mislead.”
Disciplinary action means the doctor’s license to practice could be at risk.
Assemblyman Evan Low (D-Campbell) and Sen. Richard Pan (D-Sacramento) introduced AB 209 and SB 1018.
Gov. Newsom said he signed the 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.”
Dr. Rochelle Walensky, who heads the federal Centers for Disease Control, which makes federal policy on Covid-19 and vaccines, admitted in August: “We are responsible for some pretty dramatic, pretty public mistakes.”
To read AB 2098, see https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2098
Hospitalizations are down statewide and locally, with 10 people in the hospital in Santa Cruz County with a positive Covid test, including one in intensive care.
As of Oct. 12, active Covid cases in Santa Cruz County tallied 535, compared to 456 a week ago.
Boosters from Pfizer and Moderna aim to protect against the original strain of SARS-CoV-2, which is no longer circulating, and the current dominant omicron variants BA.4 and BA.5.
To expedite emergency use authorization by the U.S. Food and Drug Administration, boosters were not tested in humans but mice. Pfizer submitted findings based on 8 mice. Human trials began in August.
A booster is recommended 2 months after the last booster dose, as protection wanes.
Moderna’s is authorized for those 18 and older and Pfizer’s is authorized for those 12 years and older. To get a booster, contact your healthcare provider or book an appointment through MyTurn, Vaccine Finder or local pharmacies. For a list, see www.santacruzhealth.org/coronavirusvaccine.
For local information call (831) 454-4242 between 8 a.m. and 5 p.m. Monday through Friday.
•••
Active COVID cases: 456
•••
COVID Deaths: 273
As of Oct. 10
Age
85 and older: 120 • 75-84: 62 • 65-74: 49 • 60-64: 15 • 55-59: 4 • 45-54: 10 • 35-44: 8 • 25-34: 5
Underlying Conditions
Yes: 223 • No: 50
Vaccinated
Yes: 36 • No: 237
Race
White 160 • Latinx 90 • Asian 16 • Black 3 • Amer Indian 1 • Hawaiian 1 • Another 2
Gender
Men: 138 • Women: 135
Location
At facility for aged: 117 • Not at a facility: 156