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AB-2098 Physicians and surgeons: unprofessional conduct

Updated: Jun 10

Introduced by Assembly Member Low (Coauthors: Assembly Members Aguiar-Curry, Akilah Weber, and Wicks) (Coauthors: Senators Pan and Wiener)


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.


A.B. 2098 will impose penalties by the Medical Board of California on physicians who spread or promote COVID-19 misinformation, 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."


Date: June 8, 2022

STATUS: Assigned to Senate Business, Professions & Education - no hearing date set

POSITION: Oppose


Thoughts for consideration:

  • · Factors the board will consider before taking disciplinary action include whether the physician's "misinformation" resulted in individuals choosing not to take COVID-19 prevention opportunities or treatments, as well as whether the "misinformation" was contradicted by contemporary scientific consensus.

  • · In scientific circles, ideas and information vary while overall consensuses often change. Stifling the free speech of physicians will inhibit our ability to move forward in medical progress and treatments. Moreover, this bill will prevent the public from receiving the accurate and diverse information needed to make an informed medical decision.

  • · A.B. 2098 is an attempt to violate the free speech of physicians and push an aggressive pro-COVID-19 vaccine agenda onto the public.

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