By Jondi Gumz
Despite a protest at the Capitol, Gov. Gavin Newsom signed AB 2098, which subjects doctors to disciplinary actions by state medical boards if they provide misinformation or disinformation to patients about 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.
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 doctors’ license to practice could be at risk.
“Physicians have a duty to provide their patients with accurate, science-based information,” according to the Federation of State Medical Boards.
Assemblyman Evan Low (D-Campbell) and Sen. Richard Pan (D-Sacramento) introduced AB 209 and SB 1018, seeing a need “to combat the spread of dangerous COVID-19 misinformation and protect public health.”
Laura Powell, founder of Californians for Good Governance, contends that silencing doctors would violate the constitution.
Dr. Jeff Barke, a board-certified family physician in Orange County, predicted the law would face a legal challenge.
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.”
He added, “I am concerned about the chilling effect other potential laws may have on physicians and surgeons who need to be able to effectively talk to their patients about the risks and benefits of treatments for a disease that appeared in just the last few years. However, I am confident that discussing emerging ideas or treatments including the subsequent risks and benefits does not constitute misinformation or disinformation.”
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 the bill, see https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2098
On Sept. 7, the new Covid-19 vaccine boosters arrived in Santa Cruz County, where active cases have fallen in the past month from 1,217 to 456.
While cases are down, three more deaths were reported involving people 65 and older with medical conditions; one was vaccinated and two were not.
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.
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Active COVID cases: 456
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COVID Deaths: 273
As of Oct. 3
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