⚫ The proposal targets a "major challenge" in public health today

⚫ Dissemination of misinformation can lead to disciplinary action

⚫ The wording of the bill has been tweaked to reduce vagueness


A proposed law that critics say would chip away at the doctor-patient relationship has received the green light from a panel of New Jersey legislators.

The language of the proposal was amended to appease concerns before lawmakers moved it along, but opponents of the bill say it still goes too far.

Through a vote of 5-3, the Assembly Health Committee on Monday advanced a Democrat-sponsored measure that opens the door to disciplinary action for any health care professional who "engages in the dissemination of misinformation or disinformation."

Assemblyman Herb Conaway, D-Burlington, a primary sponsor of the bill, said it targets a "major challenge that we're facing in public health."

"Sadly, we have a number of such licensed persons who, in my opinion ... do not seem to be taking their responsibility as a health care official as seriously as they should," said Conaway, a health care professional. "And this misinformation makes it very difficult for public health entities to actually do the job that they're assigned to do ... and that is to advance the public health."

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The bill says licensing boards that oversee health care professionals have the power to deem false claims as professional misconduct, and discipline the individual as they see fit.

The original language of the bill targeted both false claims and those "contradicted by contemporary science." Conaway removed the second part of the bill's language before the panel voted on the measure.

The bill also targets "disinformation," which is deliberately disseminated by a doctor for malicious reasons.

"This bill will ensure that the board of their peers ... takes notice of this kind of behavior and sanctions it as, in my opinion, it should be," Conaway said.

"Equivalent to book banning"

A law in California that aimed to penalize doctors who spread misinformation was blocked by a federal judge and repealed after it was found to be unconstitutional.

Assemblyman Brian Rumpf, R-Ocean, who voted against the New Jersey proposal, said the "unconscionable" legislation goes after a class of workers to whom New Jersey owes a great deal of gratitude.

"My concern, frankly, is it's Orwellian," Rumpf said. "It's equivalent to book banning."

Jennifer Brown, a nurse, told lawmakers that the proposed law would move New Jersey backwards in the area of public health.

"This bill is going to stop doctors from doing things if the mainstream media says they can't," Brown said.

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Conaway noted his bill does not aim to preclude doctors from prescribing medication that's not considered mainstream, or from exploring different treatments for ailments.

Gregory Quinlan, founder of the Christian organization The Center for Garden State Families, said the government should not be involved in doctor-patient interactions.

"Just because there's one nut out there saying there might be microchips in a vaccine, we don't need a brand new law," Quinlan said.

The measure is headed to the Assembly Regulated Professions Committee. There is no version in the Senate.

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