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a new bill has just been passed in California that has the potential to change how doctors practice not just in California but across the country let's talk about what the bill is why it was passed and the arguments both for and against it what's going on guys for those of you who are new here my name is Kevin Jubal physician entrepreneur based in Las Vegas formerly in plastic surgery in the past California laws have allowed the State Medical Board to take action against Physicians who are charged with unprofessional conduct however the definition of unprofessional conduct has been somewhat vague and left a lot up to interpretation on September 30th 2022 however California's governor signed a new bill into law that will allow medical boards to punish Physicians for disseminating false information about coven 19. this involves any false claims regarding the nature of the virus its prevention and treatment and the effectiveness of vaccines although the Federation of State Medical boards which is the organization that oversees various State Medical and osteopathic Boards of the US and its territories really least a statement back in 2021 that physicians may be punished for conveying false information about the virus this bill provides clear guidelines on what is considered false information and how physicians may be punished if they ignore these guidelines in short it gives medical boards more power to punish Physicians for providing potentially harmful information the bill defines a few important terms this information is misinformation that is deliberately disseminated with malicious intent or an intent to mislead dissemination is defined as the conveyance of information from the doctor to a patient in the form of treatment or advice misinformation is false information that is contradicted by a contemporary scientific consensus contrary to the standard of care it's important to note that this bill applies strictly to Physicians providing care to patients in the clinical setting and does not include social media even though this can play a huge role in the spread of misinformation knowledge in addition this bill is specific to Physicians who are licensed by the State Medical Board and does not include medical professionals such as nurses or chiropractors despite these groups also being a major major source of misinformation in some instances although other state boards are allowed to punish Physicians for misinformation their criteria and definitions of misinformation are limited and Vary case to case this California bill is the first of its kind that clearly defines what constitutes misinformation which is again the information that is contradicted by contemporary scientific consensus contrary to the standard of care physicians who break this law can be fined or even have their licenses revoked now let's talk about why this bill was passed in the first place the goal of this bill is to ensure that Physicians are always doing what's best for their patients because the unfortunate reality is that this doesn't always happen whether intentionally or unintentionally misinformation provided by a physician can have harmful effects on patients this was especially highlighted during the covid-19 pandemic but even prior to the pandemic though misinformation around vaccines cancer treatment supplements Etc has definitely harmed patients so the underlying idea behind this bill sounds good in theory we want to make sure that doctors are held to a high standard to ensure every patient receives high quality care and information with regard to covet 19. that being said there are some issues that may come about as a result of this bill that could significantly change medicine and not for the better to start again the bill defines misinformation as false information that is contradicted by contemporary scientific consensus contrary to the standard of care the problem with this however is that medicine is constantly evolving what is true today might not necessarily be true tomorrow and what is considered false today may become true based on new information take the pandemic for example very early into the pandemic it was thought that coronavirus was transmitted through fomites or large respiratory droplets at that time Airborne transmission was thought to be unlikely we later found that this was not the case and it was in fact spread through fine respiratory droplets hence why we ended up with the mask mandate under this new bill a doctor who recommended taking airborne precautions when the virus was still thought to be transmitted through direct contact with either an infected person or object could have been accused of spreading misinformation even though they would later be found to have been correct in addition there's often a lag between the scientific literature and medical consensus for instance when I was diagnosed with IBD I was told by my gastroenterologist that based on the scientific literature diet doesn't seem to have any effect on the disease however since then some Studies have suggested the importance of diet and plus if you ask anyone with IBD they'll definitely disagree with this the reason for this is that there are many limitations when it comes to nutritional research that make it difficult to show a relationship between diet and IBD symptoms does this mean that I shouldn't modify and experiment with my diet just because the literature doesn't support it of course not sometimes you gotta look at things through the lens of a cost of benefit analysis and consider the risks of trying something that might not be fully supported versus the risks of not trying that thing in this scenario the downsides of experimenting with my diet were pretty minimal as a physician it's possible to make these same kinds of decisions when treating or giving recommendations to a patient should a doctor be punished for telling a patient they should take airborne precautions and wear a mask just because the general consensus says that it's not necessary I would argue they should not additionally medical knowledge is thought to double approximately every two months a good doctor who keeps up with the literature may very well be ahead of the curve when it comes to the latest developments and this bill could potentially punish them for it next this bill adds additional medical legal stress onto Physicians the landscape of medicine today is much different than it used to be Physicians nowadays fear being sued for a variety of reasons maybe they didn't document something right maybe they ordered something that was deemed unnecessary by the patient's insurance company or maybe they didn't order something they should have medicine is complex and there isn't always just one perfect answer this is why Physicians spent over a decade in training to become Physicians they are taught to look at the entire picture including the Nuance to determine what is right for that specific patient the standard of care may be right for most patients however there are always outliers this bill May Force doctors to practice defensive medicine for fear of potential litigation instead of doing what they actually feel is best for the patient it's almost a lose-lose situation you can do what you think is best for the patient and potentially have to contend with the legal consequences or you can conform to the standard of care that may or may not be right for that patient and deal with the moral consequences I'm not doing right by the patient this next Point goes hand in hand with the previous point which is that this bill has the potential to undermine trust between doctors and patients because this bill pertains specifically to doctor-patient interactions it is ultimately patients who will report Physicians for spreading misinformation if accused these Physicians will then have to spend time money and energy defending themselves against the accusation in short this bill reinforces and US versus them mentality between doctors and patients instead of a collaborative relationship where everyone is doing their best for the good of the patient if the doctor is practicing defensively for fear of litigation and the patient is wary of the doctor because they don't trust that they're making the right decisions then the relationship between the two suffers trust is an integral part of the doctor-patient relationship and if we start to undermine this it'll only lead to worse outcomes for patients lastly this bill has the potential to to set a precedent that extends Beyond covid to other highly politicized issues within medicine for instance could future bills come out to include information regarding the Roe v Wade decision if a doctor mentions contraception or abortion and good faith for a patient can the patient turn around and report them to the State Medical Board for misinformation our population nowadays is incredibly polarized on certain issues within health care and this bill has the potential to open Pandora's Box and change how Physicians practice medicine we need doctors to be able to practice medicine how they were trained to we need to give them the flexibility to use their medical training to adapt to the needs of their patients and address the Nuance even if it isn't necessarily what the General Medical consensus supports thank you all so much for watching if you enjoyed this video be sure to subscribe and check out how modern medicine failed me or this other video much love and I'll see you guys there [Music] foreign [Music]