Michelle Mello, PhD, JD, a professor of law and health policy at Stanford University’s Schools of Law and Medicine, pointed out that the California Medical Board already has the power to take action against physicians for unprofessional conduct.

“So it makes sense to me that a medical board that’s vested with the power to ensure that competent medical practice takes place in the state would want to go after this kind of misinformation,” she said.

In essence, the new law takes the additional step of clearly defining COVID-19 misinformation and disinformation as unprofessional conduct.

Mello expects that if any physician or surgeon is disciplined as a result of the law, there will likely be legal challenges.

However, “the legislature appears to have made a calculated decision that it’s willing to test this law in court against inevitable challenges,” she said.