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A bill that would allow regulators to discipline doctors for spreading misinformation related to COVID-19 has been approved by California's Legislature.

If signed by Gov. Gavin Newsom (D), the first-of-its-kind law would make California the first state to try to legislate an issue that has contributed to thousands of unnecessary hospitalizations and deaths during the pandemic, according to the American Medical Association, .

The new law would designate the dissemination of false or misleading information to patients as "unprofessional conduct," the Times noted, and thus subject to punishment by the Medical Board of California and the Osteopathic Medical Board of California.

The bill, known as Assembly Bill 2098 (AB 2098), states that the spread of misinformation about COVID vaccines has "," and that healthcare professionals are "some of the most dangerous propagators of inaccurate information" when it comes to COVID vaccines.

Earlier this year, the Federation of State Medical Boards approved its own misinformation and disinformation policy, after previously warning physicians that those who engage in the dissemination of COVID vaccine misinformation would risk losing their medical license. The policy also noted that doctors have a duty to protect their patients by providing accurate and science-based information.

The California State Assembly called health misinformation a public health crisis during the 2021-2022 session, and the Assembly further urged the state to commit to combating misinformation that threatens the health and safety of residents.

According to the Times, the bill has been a exercise in attempting to strike a balance between freedom of speech and public health.

Michelle Mello, JD, PhD, a professor of law and health policy at Stanford University, told the Times that, while other countries have criminalized the spread of vaccine misinformation, the U.S. government and states have been limited to fighting misinformation with scientific data.

The newly approved bill originated from California officials' frustration that so many of its physicians were spreading COVID misinformation about vaccines and treatments.

"We are the standard bearers" with a responsibility to rein in licensees who spread COVID misinformation and disinformation, Eserick "TJ" Watkins, a non-physician member of the Medical Board of California, said during the agency's meeting on whether to support the bill back in June.

The bill specifically points to misinformation defined as "false information that is contradicted by contemporary scientific consensus" that a licensee "deliberately disseminated with malicious intent or an intent to mislead." It further states that misinformation must be disseminated through the "conveyance of information from the licensee to a patient under the licensee's care in the form of treatment or advice."

The bill does not cover misinformation stated in a public domain, such as on social media, as it was previously amended to remove such a provision.

Despite its successful journey through California's Legislature, the bill has been met with criticism, including from an organization called Physicians For Informed Consent, which that "If AB 2098 passes, I won't be able to tell you what I really think."

The bill passed the Assembly back in May, and passed the California State Senate on Monday. It now awaits Gov. Newsom's signature.

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