California Medical Board SUED Over Covid Law

Children’s Health Defense, founded by Robert F. Kennedy Jr. who is running as an Independent Presidential Candidate, is challenging the ability of California’s Medical Board to discipline doctors for allegedly spreading Covid-19 “misinformation.”

The case revolved around Assembly Bill (AB) 2098 which established that doctors who give “false” information to their patients about COVID-19 are engaging in unprofessional conduct. If a physician did such, they would be met with disciplinary action by the Medical Board of California or the Osteopathic Medical Board of California.

In January of 2023, a federal judge blocked the law which later died in September of the same year when lawmakers passed California Senate Bill (SB) 815, which contained a clause repealing AB 2098. SB 815 took effect on January 1st.

Two key focus points of the lawsuit:

1. Assemblyman Evan Low (D-Silicon Valley), one of AB 2098’s sponsors, told the Los Angeles Times on Sept. 11, 2023, that “the Medical Board of California will continue to maintain the authority to hold medical licensees accountable for deviating from the standard of care and misinforming their patients about COVID-19 treatments.”
2. The intent of California’s legislature and the California Medical Board was to pursue disciplinary actions against doctors for COVID-19 “misinformation” even when AB 2098 was in the process of being repealed.

In 2023, one physician named Richard Jaffe was disciplined by the Medical Board of California according to the lawsuit “for information, opinions, and recommendations she made to a patient about the vaccine, including her opinion the vaccine was associated with increases in miscarriages.”

According to Jaffe’s blog, “A few weeks ago, the doctor agreed to surrender her medical license. So the [California] board now has its first scalp in the COVID misinformation wars. But if all goes to plan, it will be its last … The second phase of the [California] COVID misinformation wars has now started … The First Amendment will overcome the same defenses previously asserted by California the last time they tried to dictate and suppress physicians free speech to patients.”

Plaintiffs stated, “This is an important step towards medical freedom to discuss important issues with patients, knowing we will not be persecuted for doing so… It is important to be able to give patients full informed consent on everything we do — what are the true risks and benefits of vaccines, medicines, and other treatment options.”

This is an unfolding story and will be updated.

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