Medical Community Muzzled as Doctor-Patient Relationships Decimated in California on Valentine’s Day

Assembly Bill AB 2098 Introduced 2/14/22 Puts Bureaucracy in Charge of What Medical Providers Can and Cannot Tell You About Covid Treatments and Vaccines. Your Medical Providers Censored Under New Threat of Bureaucratic Tribunal with Their Livelihoods at Stake. Treatment Options and Informed Consent are Now Under Siege in California.

Citing the FDA and the CDC as studies-backed science when their studies are predominantly provided by the very pharmaceutical companies profiting from these vaccines is more than laughable. It’s a gross conflict of interest.

Allowing the Bureaucrats at the CDC and FDA, with their own Covid Conflicts of Interest (Patents and Payoffs) to direct the one-size-fits-all ‘Standard of Care’ is a recipe for Socialized Medicine Disaster.

California’s new Assembly Bill AB 2098 restricts free speech and the doctor-patient relationship. The Valentine’s Day bill wraps ‘dissemination of misinformation’ into the ‘unprofessional conduct’ oversight of Medical Licensing Boards and demands they take action against brave providers, all under the hospices of Covid.

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.

(f) The Federation of State Medical Boards has released a statement warning that physicians who engage in the dissemination of COVID-19 vaccine misinformation or disinformation risk losing their medical license, and that physicians have a duty to provide their patients with accurate, science-based information.

Now California wants the CDC and FDA to be the ONLY arbiters of ‘accurate, science-based information.’

Science that can’t be questioned is science no more.

See the full description of Assembly Bill AB 2098 below.

Per the American Medical Association, however, the role of your doctor includes explaining treatment options and obtaining informed consent.

…. the physician agrees to respect the patient’s autonomy, maintain confidentiality, explain treatment options, obtain informed consent, provide the highest standard of care….

WHY IS THE DOCTOR-PATIENT RELATIONSHIP SO IMPORTANT? – AMA

They also recognize, the Doctor-Patient Relationship is an important ingredient in achieving good health outcomes. So how can it be that we allow bureaucrats in the treatment room with us, to gag our medical providers and impact our health?

American Medical Association describes the Responsibilities of physicians & patients like this –

The relationship between a patient and a physician is based on trust, which gives rise to physicians’ ethical responsibility to place patients’ welfare above the physician’s own self-interest.

Code of Medical Ethics Opinion 1.1.1

The practice of medicine, and its embodiment in the clinical encounter between a patient and a physician, is fundamentally a moral activity that arises from the imperative to care for patients and to alleviate suffering. The relationship between a patient and a physician is based on trust, which gives rise to physicians’ ethical responsibility to place patients’ welfare above the physician’s own self-interest or obligations to others, to use sound medical judgment on patients’ behalf, and to advocate for their patients’ welfare.

Patient-Physician Relationships

WHY IS THE DOCTOR-PATIENT RELATIONSHIP SO IMPORTANT?

The doctor-patient relationship involves vulnerability and trust. It is one of the most moving and meaningful experiences shared by human beings. However, this relationship and the encounters that flow from it are not always perfect.

The doctor-patient relationship has been defined as “a consensual relationship in which the patient knowingly seeks the physician’s assistance and in which the physician knowingly accepts the person as a patient.”1(p6) 

At its core, the doctor-patient relationship represents a fiduciary relationship in which, by entering into the relationship, the physician agrees to respect the patient’s autonomy, maintain confidentiality, explain treatment options, obtain informed consent, provide the highest standard of care, and commit not to abandon the patient without giving him or her adequate time to find a new doctor.

Gordon and Beresin5 asserted that poor outcomes (objective measures or standardized subjective metrics that are assessed after an encounter) flow from an impaired doctor-patient relationship (eg, when patients feel unheard, disrespected, or otherwise out of partnership with their physicians6).

Impact of the Doctor-Patient Relationship

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

February 14, 2022

An act to add Section 2270 to the Business and Professions Code, relating to healing arts.

AB 2098, as introduced, Low.

Physicians and surgeons: unprofessional conduct.

Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.

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. The bill would also make findings and declarations in this regard.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:


(a) The global spread of the SARS-CoV-2 coronavirus, or COVID-19, has claimed the lives of over 5,000,000 people worldwide, including nearly 75,000 Californians.


(b) Data from the federal Centers for Disease Control and Prevention (CDC) shows that unvaccinated individuals are at a risk of dying from COVID-19 that is 11 times greater than those who are fully vaccinated.


(c) The safety and efficacy of COVID-19 vaccines have been confirmed through evaluation by the federal Food and Drug Administration (FDA) and the vaccines continue to undergo intensive safety monitoring by the CDC.


(d) The spread of misinformation and disinformation about COVID-19 vaccines has weakened public confidence and placed lives at serious risk.


(e) Major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding the COVID-19 vaccines are licensed health care professionals.


(f) The Federation of State Medical Boards has released a statement warning that physicians who engage in the dissemination of COVID-19 vaccine misinformation or disinformation risk losing their medical license, and that physicians have a duty to provide their patients with accurate, science-based information.


(g) In House Resolution No. 74 of the 2021–22 Regular Session, the California State Assembly declared health misinformation to be a public health crisis, and urged the State of California to commit to appropriately combating health misinformation and curbing the spread of falsehoods that threaten the health and safety of Californians.


SEC. 2. Section 2270 is added to the Business and Professions Code, to read

(a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate or promote misinformation or disinformation related to 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.


(b) The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section:


(1) Whether the licensee deviated from the applicable standard of care.
(2) Whether the licensee intended to mislead or acted with malicious intent.
(3) Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individual’s medical history or condition.
(4) Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.
(c) For purposes of this section, the following definitions shall apply:
(1) “Physician and surgeon” means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(2) ”Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(d) Section 2314 shall not apply to this section.


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