Medical Misinformation Legislation Sparks Controversy

NJ Assembly GOP

Assemblywoman Victoria Flynn and Assemblyman Gerry Scharfenberger are voicing the concerns of their Monmouth County constituents after a bill that makes it professional misconduct for a health care practitioner to disseminate health misinformation advanced along party lines on Monday.

“Medicine is not static,” Flynn and Scharfenberger said in a statement. “It evolves, and professionals must have the freedom to discuss and explore various approaches without fear of retribution.”

Members of the Assembly Health Committee listened to an hour of testimony against the bill (A1884), while Assemblyman Herb Conaway, the sponsor, said he was puzzled by the outcry. 

Flynn and Scharfenberger said that disciplining professionals based on unclear rules under the proposed law could silence open conversations between doctors and patients, weakening the trust needed for good care.

“This could undermine the trust essential for effective patient care and jeopardize the patient-doctor relationship,” they added. “It is essential to safeguard this vital connection from unnecessary government intrusion, allowing for candid discussions critical to effective care.”

The lawmakers noted how a similar law in California that sought to penalize doctors who spread misinformation was blocked by a federal judge and repealed after it was deemed unconstitutional.   

“This underscores the risks of overregulation in the medical field and reinforces the need to protect the rights of health care professionals,” the lawmakers concluded. “We must ensure that our approach does not stifle legitimate discourse in the medical community.”

They suggested alternatives that encourage communication and education instead of punitive measures.