Assembly Bill No. 2098

CHAPTER 938

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

[Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022.]

Legislative Counsel's Digest

AB 2098 pertains to the regulation of physicians and surgeons in California. Existing law already governs the licensing and oversight of these professionals. This bill adds a new provision to designate the spreading of false information or disinformation about the COVID-19 virus as unprofessional conduct. The bill also provides supporting findings and declarations.

Key Information:

• Vote: MAJORITY
• Appropriation: NO
• Fiscal Committee: YES
• Local Program: NO

Bill Text

The people of the State of California do enact as follows:

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

1. The global spread of the COVID-19 virus has resulted in the deaths of over 6,000,000 people worldwide and nearly 90,000 in California.
2. Data from the CDC shows that individuals who are unvaccinated are at an 11 times higher risk of dying from COVID-19 compared to those who are fully vaccinated.
3. The FDA has confirmed the safety and efficacy of COVID-19 vaccines and they continue to undergo strict monitoring by the CDC.
4. The spread of misinformation and disinformation about COVID-19 vaccines has harmed public confidence and put lives at risk.
5. Licensed healthcare professionals have been identified as key sources of inaccurate information about COVID-19 vaccines.
6. The Federation of State Medical Boards has warned that physicians disseminating COVID-19 vaccine misinformation or disinformation may lose their medical license.
7. The California State Assembly has recognized health misinformation as a public health crisis and called for action to combat false information affecting the health and safety of Californians.

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

2270. (a) Physicians and surgeons are prohibited from spreading misinformation or disinformation related to COVID-19. This includes presenting false or misleading information about the virus, its prevention and treatment, and the development, safety, and effectiveness of COVID-19 vaccines.

(b) Definitions:

• "Board" refers to the Medical Board of California or the Osteopathic Medical Board of California.
• "Disinformation" means deliberate misinformation with malicious intent or an intent to mislead.
• "Disseminate" means providing false information or advice to a patient under their care.
• "Misinformation" means false information that contradicts the current scientific consensus and standard of care.
• "Physician and surgeon" refers to individuals licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5.

(c) Section 2314 does not apply to this section.

SECTION 3. Severability

If any provision or application of this act is found to be invalid, it will not affect other valid provisions or applications that can still be implemented.