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FEATURE
Government vs. Medicine It Could Be a Slippery Slope By Karen L. Chandler
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ecent political moves will have governments weighing in on what treatments physicians can choose for their patients.
identifying how the boards are impacted by and dealing with health care professionals who spread false or misleading details about COVID-19.
And while there are legislators who are licensed physicians, the majority are not.
The survey revealed 67% of boards experi- The Tennessean also reports that Dr. Stephen enced an increase in complaints about licensed Loyd of the Board of Medical Examiners physicians disseminating false or misleading reviewed Todd’s bill and expressed that as information. 26% have provided statements written it would not have a great impact regarding the dissemination of the misin- on the board whose goal is only to fight the formation, while 21% have actually taken spread of provably false information. disciplinary action against a licensee who But Loyd did agree that the bill may create actually spread COVID-19 misinformation. a path for physicians to argue that their false The Tennessean reports that Dr. Melanie Blake, claims were actually opinions and thereby Tennessee Medical Board president, spoke protected by the new law. out about the legislation in September 2021. In Pennsylvania, a similar bill that would
To counteract misinformation believed to be spread by some physicians and exacerbated by the media, the Tennessee State Board of Medical Examiners adopted a policy to penalize physicians who speak out with false information about COVID-19 vaccines and treatments. These doctors could face a potential loss of their licenses to practice. Despite the support of the policy by the American Board of Internal Medicine, the Federation of State Medical Boards, and others, the state of Tennessee took a different stance.
of COVID-19 just like any other illnesses they treat on a regular basis. We’ve never seen restrictions on physicians like we have in the last 18 months.”
She said, “You don’t get to use your Tennessee allow physicians to veer from the guidelines state medical license in order to promote a was put in place by the Centers for Disease platform just spewing medical misinforma- Control and Prevention for their COVID-19 Only months after the September 2021 tion to your patients. I think we have an treatments. policy to tighten the reins on physicians ethical obligation to investigate it and stop State Representative Dawn Keefer (R-York), was put in place, Tennessee legislators voted it and I think the citizens of our state expect the bill’s author and secretary of the House to stop the licensing board from punishing nothing less.” Health Committee, said, “I am advocating licensed physicians in regard to their choices Called the “Tennessee COVID-19 Treatment for treatment, period, for patients’ right to of COVID-19 treatments and required the Freedom Act,” the bill prevents the Tennessee try, these patients who are being told in the policy to be removed. Board of Medical Examiners from disciplining hospital there’s nothing else we can do for Following Tennessee’s lead, North Dakota doctors for anything “solely related to the them. Why not a Hail Mary?” passed a similar law and 24 more states on physician’s prescription, recommendation, Further complicating an already complex both sides of the aisle are considering the use, or opinion relative to a treatment for situation was revealed in Politico with an same path. And Pennsylvania is included COVID-19,” to include treatments that explanation by Chaudry. have not been approved by the state’s health in the mix. “Legal structures developed for the 20th department or the FDA. Dr. Humayun Chaudhry, CEO of the century are, in many states, not suited to disFederation of State Medical Boards (FSMB), The bill’s author, State Representative Chris cipline doctors who broadcast misinformation called the decisions and considerations an Todd, defends his position to MedPage on social media because the physicians are Today by saying “doctors in this state have not directly treating patients,” Chaudry said. “unwelcome trend.” been handed an unconstitutional ultimatum He added, “at the end of the day, if a physician from a board that has repeatedly exceeded “So, some boards – and other regulators that who is licensed engages in activity that causes its legal authority. As representatives of the license providers and the non-profits that harm, the state medical boards are the ones people, we must do everything in our power certify physicians for their expertise – feel that historically have been set up to look into to rein in this abuse and restore the liberties uncertain about disciplining such doctors, the situation and make a judgement about and freedoms our physicians are guaranteed even though they might be contributing to lagging vaccination rates.” what happened or didn’t happen.” under our constitution.” In December 2021, the FSMB reported Todd added, “my bill does that, but it also Chaudry remains concerned by legislators’ findings from its 2021 annual survey of guarantees the ability for doctors to practice attempts to halt oversight of medical prostate medical boards, with the survey’s focus as they are licensed and trained for treatment fessionals. “And if you start to chip away at that, it becomes a slippery slope.” • Spring 2022 : Philadelphia Medicine 23
