Tennessee鈥檚 Board of Medical Examiners unanimously adopted in September a statement that said doctors spreading covid misinformation 鈥 such as suggesting that vaccines contain microchips 鈥 could jeopardize their license to practice.
鈥淚鈥檓 very glad that we鈥檙e taking this step,鈥 Dr. Stephen Loyd, the panel鈥檚 vice president, said at the time. 鈥淚f you鈥檙e spreading this willful misinformation, for me it鈥檚 going to be really hard to do anything other than put you on probation or take your license for a year. There has to be a message sent for this. It鈥檚 not OK.鈥
The board鈥檚 statement was posted on a government website.
But before any physicians could be reprimanded for spreading falsehoods about covid-19 vaccines or treatments, Republican lawmakers threatened to disband the medical board.
The growing tension in Tennessee between conservative lawmakers and the state鈥檚 medical board may be the most prominent example in the country. But the Federation of State Medical Boards, which adopted by at least 15 state boards, is tracking legislation introduced by Republicans in at least 14 states that would restrict a medical board鈥檚 authority to discipline doctors for their advice on covid.
Dr. , the federation鈥檚 CEO, called it 鈥渁n unwelcome trend.鈥 The nonprofit association, based in Euless, Texas, says the statement is merely a covid-specific restatement of an existing rule: that doctors who engage in behavior that puts patients at risk could face disciplinary action.
Although doctors have leeway to decide which treatments to provide, the medical boards that oversee them have broad authority over licensing. Often, for violating guidelines on prescribing high-powered drugs. But physicians are sometimes punished for other 鈥渦nprofessional conduct.鈥 In 2013, Tennessee鈥檚 board for separately having sexual relations with two female patients more than a decade earlier.
Still, stopping doctors from sharing unsound medical advice has proved challenging. Even defining misinformation has been difficult. And during the pandemic, resistance from some state legislatures is complicating the effort.
A relatively small group of physicians peddle covid misinformation, but many of them associate with . Its founder, Dr. Simone Gold, patients are dying from covid treatments, not the virus itself. Dr. Sherri Tenpenny said in a in Ohio that the covid vaccine could magnetize patients. Dr. Stella Immanuel has pushed hydroxychloroquine as a covid cure in Texas, although showed that it had no benefit. None of them agreed to requests for comment.
The Texas Medical Board $500 for not informing a patient of the risks associated with using hydroxychloroquine as an off-label covid treatment.
In Tennessee, state lawmakers called a special legislative session in October to address covid restrictions, and Republican Gov. Bill Lee signed a sweeping that push back against pandemic rules. One included language directed at the medical board鈥檚 recent covid policy statement, making it more difficult for the panel to investigate complaints about physicians鈥 advice on covid vaccines or treatments.
In November, Republican state Rep. sent the medical board demanding that the statement be deleted from the state鈥檚 website. Ragan leads a legislative panel that had raised the prospect of over its promotion of covid vaccines to teens.
Among his demands, Ragan he wanted the medical board to answer in writing, including why the misinformation 鈥減olicy鈥 was proposed nearly two years into the pandemic, which scholars would determine what constitutes misinformation, and how was the 鈥減olicy鈥 not an infringement on the doctor-patient relationship.
鈥淚f you fail to act promptly, your organization will be required to appear before the Joint Government Operations Committee to explain your inaction,鈥 Ragan wrote in the letter, obtained by KHN and Nashville Public Radio.
In response to a request for comment, Ragan said that 鈥渁ny executive agency, including Board of Medical Examiners, that refuses to follow the law is subject to dissolution.鈥
He set a deadline of Dec. 7.
In Florida, a Republican-sponsored through the state legislature proposes to ban medical boards from revoking or threatening to revoke doctors鈥 licenses for what they say unless 鈥渄irect physical harm鈥 of a patient occurred. If the publicized complaint can鈥檛 be proved, the board could owe a doctor up to $1.5 million in damages.
Although Florida鈥檚 medical board has not adopted the Federation of State Medical Boards鈥 covid misinformation statement, the panel has considered misinformation complaints against physicians, including the state鈥檚 surgeon general, Dr. .
Chaudhry said he鈥檚 surprised just how many covid-related complaints are being filed across the country. Often, boards do not publicize investigations before a violation of ethics or standards is confirmed. But in response to a in late 2021, two-thirds of state boards reported an increase in misinformation complaints. And the federation said 12 boards had taken action against a licensed physician.
鈥淎t the end of the day, if a physician who is licensed engages in activity that causes harm, the state medical boards are the ones that historically have been set up to look into the situation and make a judgment about what happened or didn鈥檛 happen,鈥 Chaudhry said. 鈥淎nd if you start to chip away at that, it becomes a slippery slope.鈥
The Georgia Composite Medical Board of the federation鈥檚 misinformation guidance in early November and has been receiving 10 to 20 complaints each month, said Dr. Debi Dalton, the chairperson. Two months in, no one had been sanctioned.
Dalton said that even putting out a misinformation policy leaves some 鈥済ray鈥 area. Generally, physicians are expected to follow the 鈥渃onsensus,鈥 rather than 鈥渢he newest information that pops up on social media,鈥 she said.
鈥淲e expect physicians to think ethically, professionally, and with the safety of patients in mind,鈥 Dalton said.
A few physician groups are resisting attempts to root out misinformation, including the Association of American Physicians and Surgeons, known for its stands .
Some medical boards have opted against taking a public stand against misinformation.
The Alabama Board of Medical Examiners discussed signing on to the federation鈥檚 statement, according to the . But after debating the potential legal ramifications in a private executive session, the board opted not to act.
In Tennessee, the on the day Ragan had set as the deadline and voted to remove the misinformation statement from its website to avoid being called into a legislative hearing. But then, in late January, the board decided to 鈥 although it did not republish the statement online immediately 鈥 and more specifically defined misinformation, calling it 鈥渃ontent that is false, inaccurate or misleading, even if spread unintentionally.鈥
Board members acknowledged they would likely get more pushback from lawmakers but said they wanted to protect their profession from interference.
鈥淒octors who are putting forth good evidence-based medicine deserve the protection of this board so they can actually say, 鈥楬ey, I鈥檓 in line with this guideline, and this is a source of truth,鈥欌 said Dr. Melanie Blake, the board鈥檚 president. 鈥淲e should be a source of truth.鈥
The medical board was looking into nearly 30 open complaints related to covid when its misinformation statement came down from its website. As of early February, no Tennessee physician had faced disciplinary action.
This story is part of a partnership that includes , and KHN.
