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 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.

Rear End Gastropub & Garage, 399 Butler St., Etna

House Bill 1741 would restrict the For a culinary cross-country road authority of the Pennsylvania Medical trip, stop in this converted auto service Board and other state licensing station for a taste of roadside delights boards to make decisions regarding from coast to coast from Chef Anthony whether a licensed person has met Tripi. Twenty draft beers and fun the standard of care in prescribing cocktails to boot. or dispensing certain medications Adda Bazaar, 725 Penn Ave., off-label for COVID. Some may say Downtown that the question boils down to who is The newest of Adda Coffee & Tea the better arbiter of medical practice House’s multiple downtown cafes. Adda with respect to COVID: the legislature is the term for the long Bengali tradition or the Medical Board? Others would of stimulating intellectual discourse with frame the question as one of medical friends over tea and coffee. Here’s your freedom. Whatever your position, chance to try the art of Adda, with a selection of fine teas and coffees.

Three Bakery Square delights:

AVP, Bakery Square, 6425 Penn Ave., East Liberty

Fans of Big Burrito’s Alta Via pizza in Fox Chapel can venture to Bakery Square to try the casual California style Italian cuisine of its cousin, AVP. Enjoy seasonal vegetable-forward dishes as well as pizzas and sandwiches for lunch and dinner seven days a week.

täkō, Bakery Square, 6425 Penn Ave., East Liberty

Love the downtown Richard DeShantz jewel of a restaurant called täkō, but can’t get a reservation in the crowded space? Come enjoy its vast Bakery Square outpost, complete with 5000 square feet of space and both indoor and outdoor dining.

Galley – Bakery Square, 6425 Penn Ave., East Liberty

Galley – Bakery Square is the contact your state representatives and senators and let them know what a licensed physician thinks. DISCLAIMER: This article is for information purposes only and does not constitute legal advice. You should contact your attorney to obtain advice with respect to your specific issue or problem.

latest branch of the Galley restaurant incubator concept, featuring the same formula as its sister sites Federal Galley Ms. Jackson is a shareholder in on the North Side and the Strip District the Health Care Practice Group of location. Four emerging chefs are Brown & Fortunato, P.C., which is selected to open their own restaurant headquartered in Amarillo, Texas, and within the space, with 12-18 months to serves healthcare providers nationally. win over an audience and establish their She is licensed in both Pennsylvania brand. You can try a little of everything and Texas and maintains an office in from all four restaurants during the the greater Pittsburgh area. She may same meal – heaven for foodies. be reached locally at (724) 413-5414

Tupelo Honey, 100 West Station or bjackson@bf-law.com. Her firm’s Square Drive, South Side website is www.bf-law.com.

Craving fried green tomatoes, buttermilk biscuits, shrimp and grits and banana pudding – and oh yes, fried chicken and waffles? Tupelo Honey Café will open this fall in Station Square to remedy that, in style.

Con Alma Downtown, 613 Penn Ave., Downtown

The new jewel of the Downtown Cultural District features insanely good Miami/Latin/Caribbean cuisine along with live jazz.

Gaucho Parrilla Argentina, 146 Sixth St., Downtown

The resident jewel of the Downtown Cultural District dazzles with an incredible array of steaks and wood fired meats with a variety of sauces and accompaniments. Takeout and dine-in available.

Wild Child, 372 Butler St., Etna

The brainchild of Chef Jamilka Borges, Wild Child emphasizes coastal and island cuisine and is sure to delight. The opinion expressed in this column is that of the writer and does not necessarily reflect the

Mount Oliver Bodega, 225 opinion of the Editorial Board, the Bulletin, Brownsville Road, Mt. Oliver or the Allegheny County Medical Society.

Chef Kevin Sousa’s new project will combine a wine shop, bar and pizzeria in the former Kullman’s Bakery space. Sustainable, biodynamic and organic wines from around the world will be featured along with a down to earth, rustic menu. Nonalcoholic wines and cocktails also will be showcased.

G’s On Liberty, 5104 Liberty Ave., Bloomfield

G’s turns former Alexander’s Italian Bistro into a seasonal scratch kitchen with creative food and cocktails. Coming in the fall. The full statement is available online at: And finally … https://www.fsmb.org/advocacy/newsChengdu Gourmet, McKnight releases/fsmb-spreading-covid-19-vaccine-misinformation-may-put-medicallicense-at-risk/. Road, Ross Township Chengdu Gourmet (the beloved James Beard-nominated Squirrel Hill hole-in-the-wall Sichuan restaurant that regularly inspires pilgrimages from all over Western PA) is planning an outpost on McKnight Road at the site of the former Oriental Market, in the plaza next to Red Lobster. This will offer a much larger dining space – 6,000 square feet – and an expanded dining menu. Something to look forward to in early 2022. Enjoy, and be safe. Dr. Paranjpe is an ophthalmologist and medical editor of the ACMS Bulletin. She can be reached at reshma_paranjpe@hotmail.com.

Improving Healthcare through Education, Service, and Physician Well-Being.

ACMS Bulletin / August 2021

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