Texas's governor has directed state agencies, including the Department of Family and Protective Services, to conduct investigations into the use of gender-affirming care for transgender children. The governor and state attorney general have stated the opinion that such treatments "can legally constitute child abuse," while the American Academy of Pediatrics and other medical associations support the use of gender-affirming care. The directive and attorney general opinion do not carry legal force.
February 23, 2022
February 16, 2022
FSMB tracking legislation to restrict medical board authority
The Federation of State Medical Boards is tracking legislation introduced in fourteen states that would restrict a medical board's authority to discipline doctors for spreading misinformation related to COVID-19. FSMB developed a policy statement that doctors spreading COVID misinformation could face disciplinary action. FSMB maintains that the statement is merely applying COVID-specific language to a rule that has long been in place - doctors who engage in behavior that puts patients at risk can be subject to disciplinary action.
Legislation in Tennessee was directed at the medical board's COVID policy, making it more difficult to investigate complaints about COVID misinformation.
Pending legislation in Florida would ban the medical board from taking disciplinary action against a doctor for what they say unless "direct physical harm" of a patient occurred.
A survey by FSMB in late 2021 indicated that two-thirds of state medical boards had seen an increase in misinformation complaints.
February 09, 2022
UK government to healthcare professionals: "professional responsibility" to get COVID vaccine
The UK's Department of Health and Social Care has written a letter to all unvaccinated NHS healthcare workers informing them of their "professional responsibility" to get the COVID-19 vaccine. Th letter conveys that this professional responsibility is "widely agreed by professional bodies, Colleges, regulators, and others."
The Nursing and Midwifery Council has issued a statement clarifying that they strongly encourage eligible individuals to be vaccinated but that refusal to be vaccinated is not in and of itself a basis for a Fitness to Practice referral.
January 06, 2022
Challenges of disciplinary action for COVID misinformation
This article by Health Affairs Forefront discusses the challenges licensing boards may encounter when revoking a licenses for professional misconduct on the basis of spreading COVID-19 misinformation or disinformation. Prior Supreme Court decisions in the US has established that boards have considerable discretion to discipline healthcare licensees for speech made in connection with medical procedures (professional conduct), but disciplinary actions based on public statements not connected with a medical procedure would be subject to First Amendment rights of free speech. The article notes that boards would be able to establish that they have a compelling interest in minimizing the dissemination of medical misinformation by licensed physicians. The challenge the article identifies is in convincing that courts that revocation of the license is the least restrictive means to further that interest. The article concludes that boards may be able to successfully argue cases where physicians "disseminate misinformation with knowledge that it is false or with reckless disregard of whether it is true" and "there is a substantial body of evidence that unambiguously refutes the physician's position."
December 09, 2021
Tennessee medical board removes misinformation policy
In September, the Tennessee Board of Medical Examiners adopted policy stating that "physicians who generate and spread COVID-19 vaccine misinformation are risking disciplinary action by state medical boards." A state Representative sent the Board letters telling them to remove the statement from their website because it should have gone before the rulemaking oversight committee before adoption. The Board has done so, but an attorney for the Board has stated that there was "nothing wrong or erroneous" with the Board adopting the policy. The Board indicated that the policy has not been rescinded.
The Tennessee legislature has also passed legislation requiring any board disciplinary process related to dispensing or prescribing medication for COVID-19 to go through the legislative rulemaking process.
Purchase the CLEAR webinar recording on Regulating COVID-19 Misinformation
November 10, 2021
Harry Cayton calls for "bold action" aganst anti-vax healthcare professionals
Harry Cayton, international expert on professional regulation and former director of the Professional Standards Authority in the UK, has called for healthcare professionals promoting or participating in anti-mask or anti-vaccination behaviors to "be challenged by the regulator." Cayton acknowledges the struggle regulators are dealing with to draw a line between the importance of respecting personal opinion and keeping the public safe from COVID-19. In response to the difference in approach seen among Canadian provinces, Cayton told CBC News, "If necessary, government has to step in and clarify the laws around these things." He calls on regulators to put the public interest first and foremost and test whether the legislation will allow action against these practitioners.
October 14, 2021
Report on chiropractors spreading COVID misinformation
An investigation conducted by the Associated Press has reported that chiropractors "have become major purveyors of misinformation about COVID treatments and have given hundreds of thousands of dollars to anti-vaccine events." The report notes specifically instances of violating ethical standards through false and misleading advertising such as advertising alternative treatments for COVID-19. The article notes the difficulties of bringing disciplinary action for such behavior - the line between free speech and ethical restrictions on false advertising, prescribing drugs for "off label" use, and advising of supplements as an effective alternative to vaccines. The American Chiropractic Association has advised its members to "stay within their scope of practice to provide evidence-informed care."
Register for the CLEAR webinar: Disciplining Practitioners for Off-Duty and/or COVID Misinformation Conduct
October 07, 2021
Maine: license denial case appealed to Supreme Court
An individual whose application for licensure as a private investigator in Maine was denied on grounds of not having good moral character has appealed the decision to the Supreme Court of the United States. The Maine Department of Public Safety denied the license due to factual inaccuracies in a social media post by the applicant criticizing a police shooting. The posts identified the individual as a private investigator in Massachusetts; the Maine agency claimed that the inaccurate statements violate standards of conduct for a private investigator, such as accurate communication of facts.
Further cases of practitioners disciplined for COVID misinformation
Cases continue to be reported of practitioners being disciplined for spreading COVID misinformation or refusing to follow COVID guidelines. A doctor in Oregon has had his license revoked after an investigation found "8 instances of unprofessional or dishonorable conduct, 22 instances of negligence in the practice of medicine, and 5 instances of gross negligence in the practice of medicine," including not screening patients for COVID symptoms, refusing to wear a mask or require patients to do so, and advising patients that mask-wearing could led to carbon-dioxide poisoning. Read more
In Connecticut, a doctor has surrendered her medical license after an investigation found that she had been providing patients with fraudulent COVID vaccine, testing, and mask exemptions without conducting physical exams of the patients. Her license was suspended prior to her voluntary surrender. Read more
Don't miss the CLEAR webinar on Disciplining Practitioners for Off-Duty and/or COVID Misinformation Conduct on October 19. Register now
September 29, 2021
Washington Medical Commission releases statement on COVID-19 misinformation
Commissioners of the Washington Medical Commission have voted unanimously to adopt a COVID-19 Misinformation Position Statement. The Washington Medical Commission "may discipline practitioners who are found offering treatments and recommendations regarding COVID-19 that fall below standard of care as established by medical experts, federal authorities and legitimate medical research." The statement addresses specific practices that could result in disciplinary action: Granting mask or vaccination exemption without conducting an exam and without finding a legitimate medical reason for such exemption, prescribing ivermectin for treatment or prevention of COVID-19, and prescribing hydroxychloroquine for treatment or prevention of COVID-19. The Washington Nursing Care Quality Assurance Commission adopted a similar position statement earlier this month.
CLEAR is hosting a webinar on October 19 on Disciplining Practitioners for Off-Duty and/or COVID Misinformation Conduct. Register now
