Legal Summary
COVID-19 and Disciplinary Actions against Physicians: Medical Boards or State Legislature? By Beth Anne Jackson In July of last year, the Federation of State Medical Boards (FSMB), a national non-profit organization that represents medical boards within the United States, issued a statement warning that physicians could face disciplinary actions, including license suspension or revocation, by their state medical boards for generating and spreading COVID-19 vaccine misinformation and disinformation. Specifically, it stated: Due to their specialized knowledge and training, licensed physicians possess a high degree of public trust and therefore have a powerful platform in society, whether they recognize it or not. They also have an ethical and professional responsibility to practice medicine in the best interests of their patients and must share information that is factual, scientifically grounded and consensus-driven for the betterment of public health. Spreading inaccurate COVID-19 vaccine information contradicts that responsibility, threatens to further erode public trust in the medical profession and puts all patients at risk. In December 2021, FSMB released findings from its annual survey of its member state medical boards that focused on this issue. It states that 67% of state medical boards have seen an increase in complaints related to physician dissemination 24
of false or misleading information, 15 state medical boards had made or published statements about the subject (Pennsylvania has not), and 12 state medical boards have taken disciplinary action against a physician for disseminating false or misleading information.FSMB made further statements of concerns about state legislation purporting to limit medical boards’ ability to take action regarding the spread of misinformation. One such state is Pennsylvania. Rep. Dawn Keefer (R-92nd District) last year introduced a bill (HB 1741) that would specifically authorize “prescribers” to prescribe, and require pharmacists to dispense, otherwise FDA-approved drugs, including hydroxychloroquine sulfate and ivermectin, to a patient with respiratory syndrome-related illness. The “informed consent” of the patient would be required, but proof of exposure or screening for COVID-19 would not be. Moreover, the bill would prohibit licensing boards from considering such prescribing as unauthorized or unprofessional conduct and from imposing administrative or disciplinary actions for prescribing such medications in accordance with the act. A hearing was held on the
bill on December 13, 2021. At the hearing, some physicians testified in favor of the bill, while others, including Pennsylvania Physician General Dr. Denise Johnson, stressed the availability of proven remedies, including vaccinations and FDAapproved treatments for COVID in its early stages. A representative of FSMB also testified against the bill, avoiding specific comment on treatment with hydroxychloroquine sulfate and ivermectin, but stating that HB 1741 “could put patients in jeopardy by undermining the ability of a State Medical Board to properly assess the standard of care and take appropriate action as necessary.” The bill is scheduled for a vote in the House Health Committee on February 7, 2022. If the Committee votes affirmatively on HB 1741, it will then go back to the House, where the Speaker and Majority Leader will determine if, when, and in what order the bill will come up for debate. If the bill comes up for debate, a vote will follow, and if passed, the bill would be referred to the Senate, where it would go through a similar process. There is currently not a companion Senate bill to HB 1741, but one is expected to be introduced soon.
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