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UPDATE: 9/30/2023 - SB 815 was enacted. It was signed by Governor Gavin Newsom on 9/30/2023. Chapter 294, Statutes of 2023
UPDATE: 9/21/2023 - SB 815 was enrolled and sent to the Governor on 9/21/2023.
UPDATE: 9/18/2023 - This 9/18/2023 article discusses the repeal of Section 2270.
UPDATE: 9/14/2023 - SB 815 was ordered to engrossing and enrolling. This article discusses the repeal of Section 2270.
UPDATE: 9/14/2023 - The amended version of SB 815 was passed on 9/14/2023 by the Senate by a vote of 35 Ayes, 1 No.
UPDATE: 9/14/2023 - SB 815 was amended and passed by the Assembly on 9/14/2023 and returned to the Senate.
UPDATE: 7/12/2023 - SB 815 was amended in the Assembly Committee on Appropriations to repeal Section 2270 of the Business and Professions code, part of AB 2098 that passed in 2022. This amendment brought the bill under NVIC's scope.
UPDATE: 5/31/2023 - SB 815 was passed by the Senate on 5/31/2023 by a vote of 32 Ayes, 1 No.
SB 815 was introduced on 2/17/2023 by Senator Richard Roth.
This is a large bill that amends existing law governing healing arts professions and vocations that are regulated by various boards within the Department of Consumer Affairs, including the Medical Board of California and the Dental Board of California. When the bill was introduced, it was outside the scope of NVIC, but on 7/12/2023, it was amended. This added Section 19 which repeals Section 2270 of the Business and Professions code, part of AB 2098 that passed in 2022. That bill censored doctors accused of providing medical misinformation. The section being repealed by SB 815 is below:
SEC. 19. Section 2270 of the Business and Professions Code:
(a) 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.
(b) For purposes of this section, the following definitions shall apply:
(1) “Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(2) “Disinformation” means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(3) “Disseminate” means the conveyance of information from the licensee to a patient under the licensee's care in the form of treatment or advice.
(4) “Misinformation” means false information that is contradicted by contemporary scientific consensus contrary to the standard of care.
(5) “Physician and surgeon” means a person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(c) Section 2314 shall not apply to this section.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB815 - text, status, and history of SB 815
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