Incoherent (And Therefore Unconstitutional) California Physician Gag Law Repeal Is Now Effective

Allen Matkins
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Allen Matkins

In 2022, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098), See California Legislates Covid-19 Orthodoxy and Could California Bill Result In Discipline Of C.D.C. Doctors?  This law was successfully challenged in federal court.  See Federal Judge Enjoins Physician Gag Law.  Last September, the legislature enacted SB 815 (Roth) which, among other things repealed the statute designating the dissemination of misinformation or disinformation related to COVID-19 as unprofessional conduct.  That repeal became effective on January 1, 2024 pursuant to Art. IV, Sec. 8(c)) of the California Constitution.   

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