Governor Gavin Newsom signed an amendment to the California Medical Board. This law gives the Medical Board of California the authority to discipline doctors who “disseminate COVID-19 information” that isn’t in line with the “contemporary scientific consensus.” Hoeg and others. Newsom, et. al. asked the U.S. District Court for the Eastern District of California to refuse to permit the law, AB2098, to take effect.
The Medical Board of California (MBC), has licensed five physicians to represent the NCLA. The majority of them see patients every day.
Jenin Younes is an NCLA lawyer. She claims that the new law targets doctor/patient relationships.
Younes explained that the First Amendment protects Americans’ right to free speech. It covers both those who have majority views and those who hold minorities. The Ninth Circuit precedents as well as the U.S. Supreme Court are able to protect speech in the context of a doctor/patient relationship. This recognizes a state’s interest in allowing doctors and patients to communicate freely. AB2098 also denies Plaintiffs their First Amendment rights to free advice and treatment options.
According to the complaint, doctors do not know what consensus scientists and doctors have on certain COVID-19 treatment and prevention issues. This is in violation of the plaintiff’s Fourteenth Amendment rights to due process. Tracey Haog pointed out that “AB 2098″, which contains incorrect information about Covid-19’s effectiveness, was cited by the plaintiff. She stated that doctors will have to choose between what they believe and what is required by the medical board or remaining silent. ”
Doctors shouldn’t be required to agree to scientific discoveries by law.
Aaron Kheriaty M.D. was another plaintiff. He warned that a doctor with a gag order or order is not someone you can trust. This law will hinder science and medicine, which in turn will harm patients. California already has a shortage of primary care physicians.
Cal Matters reports that 60-80 primary doctors are recommended by the federal government for every 100,000 residents. California is worse than California. California’s number of primary care physicians is expected to fall to 50. Some areas will see a drop of as high as 18 %. governor Gavin Newsom and the California legislature.