Doctors Challenge AB 2098 Targeting Covid Misinformation, By Jondi

COMMUNITY NEWS

Doctors Challenge AB 2098 Targeting Covid Misinformation

By Jondi Gumz

Two doctors have filed a federal lawsuit challenging AB 2098, the new law that subjects doctors to disciplinary actions by state medical boards if they provide misinformation or disinformation to patients about Covid-19.

Dr. Mark McDonald, a psychiatrist in Los Angeles, and Dr. Jeff Barke, a boardcertified family physician in Orange County, want the law declared unconstitutional. They claim the law aims to chill speech of doctors whose assessment of the Covid evidence differs from the state of California.

The law targets 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.

The law defines misinformation as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care” and disinformation as misinformation the doctor “deliberately disseminated with malicious intent or an intent to mislead.”

Disciplinary action means the doctor’s license to practice could be at risk.

Assemblyman Evan Low (D-Campbell) and Sen. Richard Pan (D-Sacramento) introduced AB 209 and SB 1018.

Gov. Newsom said he signed the bill because “ it is narrowly tailored to apply only to those egregious instances in which a licensee is acting with malicious intent or clearly deviating from the required standard of care while interacting directly with a patient under their care.”

Dr. Rochelle Walensky, who heads the federal Centers for Disease Control, which makes federal policy on Covid-19 and vaccines, admitted in August: “We are responsible for some pretty dramatic, pretty public mistakes.”

To read AB 2098, see https://leginfo. legislature.ca.gov/faces/billNavClient. xhtml?bill_id=202120220AB2098

Hospitalizations are down statewide and locally, with 10 people in the hospital in Santa Cruz County with a positive Covid test, including one in intensive care.

As of Oct. 12, active Covid cases in Santa Cruz County tallied 535, compared to 456 a week ago.

Boosters from Pfizer and Moderna aim to protect against the original strain of SARS-CoV-2, which is no longer circulating, and the current dominant omicron variants BA.4 and BA.5.

To expedite emergency use authorization by the U.S. Food and Drug Administration, boosters were not tested in humans but mice. Pfizer submitted findings based on 8 mice. Human trials began in August.

A booster is recommended 2 months after the last booster dose, as protection wanes.

Moderna’s is authorized for those 18 and older and Pfizer’s is authorized for those 12 years and older. To get a booster, contact your healthcare provider or book an appointment through MyTurn, Vaccine Finder or local pharmacies. For a list, see www.santacruzhealth.org/ coronavirusvaccine.

For local information call (831) 4544242 between 8 a.m. and 5 p.m. Monday through Friday. n

••• Active COVID cases: 456

••• COVID Deaths: 273 As of Oct. 10 Age 85 and older: 120 • 75-84: 62 • 65-74: 49 60-64: 15 • 55-59: 4 • 45-54: 10 35-44: 8 • 25-34: 5 Underlying Conditions Yes: 223 • No: 50 Vaccinated Yes: 36 • No: 237 Race White 160 • Latinx 90 • Asian 16 Black 3 • Amer Indian 1 Hawaiian 1 • Another 2 Gender Men: 138 • Women: 135 Location At facility for aged: 117 Not at a facility: 156

“Kegebein Letter” from page 4

This was done to ensure the 20 or so people waiting for the results to be announced stay under control in case the community should become overly concerned and to have the law enforcement available in case the fair board chose to be uncooperative at which time CDFA could escort the fair board members off of the fairgrounds and initiate a takeover of operations.

I just completed my 11th fair as CEO and I am proud of the results the amazing team of employees and volunteers I assembled and have led produced. Fortunately, as I depart, the fairgrounds is in the best physical condition it has ever been since the property was purchased in 1935 and the DAA articles of association were filed with the Secretary of State.

When I started in 2012 the fairgrounds, total annual revenue stream was about $1.3 million and the association did not have any cash on hand. As I reflect back on that time, the only possible description of conditions I can think of is total chaos. Multiple lawsuits pending and complete staff dysfunction. There had been 6 managers in the 12 previous years and facility condition had deteriorated to a very unsafe level.

Fast forward 11 years and in 2021, the DAA produced total revenues of about $4 million and has cash on hand of about $1.75 million. And the facility condition has been praised by the community, our many customers and users.

About the time I started as CEO, CDFA decided to have DAA’s with work with private accounting firms to obtain annual financial reviews and audits, which we have regularly completed.

As an employee of CDFA, I believe the agency had an obligation to provide regular procedural training and procedural auditing.

For my first 10 years, it was crickets, no follow thru from the state government bureaucrats to meet their obligation. This past year suddenly they chose to step up to the plate and do their job conducting a procedural audit. The auditor pointed out areas of red tape compliance that we were not aware of and we started implementing those measures.

While I was not informed of why I was terminated, I can only assume the largest issue was that the fairgrounds supplied diesel for my truck. I purchased a new pickup truck, when I started at the fairgrounds in 2012. It currently has 240,000 miles on it, of which approximately 200,000 of those miles were accumulated conducting fairgrounds business. Most people close to me say all I do is work so perhaps more of those miles were fairgrounds related.

At the state reimbursement rates which have varied over the years, I could have been reimbursed about $116,000 but I chose to only ask for fuel & oil consumed while paying for all other vehicle expenses myself, which according to the audit report is a much lesser amount of $35,000.

Over my 11 years I have contributed approximately $650,000 of various resources to the fairgrounds including two years of not accepting compensation and benefits, supplying multiple pieces of equipment for daily operations, and using my own truck for transportation.

I took on the CEO role to serve my community, expecting to only be there a couple of years and have really enjoyed my time in service. The concept of a state takeover of such an important local asset is something the entire community should pay close attention to.