Freeze Peach and Lies

We've discussed here more than once the problematic aspects of the concept of free speech in general, and what the First Amendment means specifically. An excellent case in point is California Assembly Bill AB 2098. The link is to a post by physician David Gorski, who is  irredeemably long winded, bu the gist of it is:

It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.

This allows the licensing boards to discipline medical professional who spread misinformation -- "false information that is contradicted by contemporary scientific consensus contrary to the standard of care -- or disinformation -- "misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead."

 I probably don't need to tell you that the Covid-19 disinformation movement has raised cries of "censorship" and violation of free speech rights. I actually don't think the California Medical Licensing Board even needs this legislation to discipline physicians who try to kill their patients by telling them falsehoods about a potentially deadly virus, but this is legislation so it means the government is taking a position in favor of that happening. 

Medicine is, or strives to be, or purports to be, a science based profession. That Dr. Gorski's blog is called Science Based Medicine does indicate that in his view and that of his colleagues, this aspiration requires advocates. There are legitimate disputes within medical science, and there are also many standard or at least accepted practices that aren't well supported by evidence. It is a constant struggle to get medical providers to stop providing low value or ineffective treatments. 

Nevertheless, there is a whole lot of very strong, even incontrovertible evidence within medical science. If a physician told you that you could cure your malignant melanoma by swinging a dead cat around your head three times under the light of the full moon and then burying it under a rock with two bulbs of garlic, that would constitute malpractice. This is also exactly true if a physician tells you that Covid-19 vaccines are unsafe and/or ineffective; or that the disease can be effectively treated with ivermectin or hydroxychloroquine; or that the whole pandemic is a hoax to begin with.

Such people should not be practicing medicine. They should lose their licenses. End of story.

Err, no, Yes, licensed physicians can practice outside of their specialties -- actually they don't even nee to have a specialty -- and they can prescribe drugs off-label. But if they harm patients due to negligence or incompetence, that's malpractice, and they can lose their license, be otherwise disciplined, or be sued by the patient. A medical license is not a license to do whatever you want. Nope.