Amended
IN
Assembly
April 20, 2022 |
Introduced by Assembly Member Low (Coauthors: Assembly Members Aguiar-Curry, Akilah Weber, and Wicks) (Coauthors: Senators Pan and Wiener) |
February 14, 2022 |
(b)The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section:
(1)Whether the licensee deviated from the applicable standard of care.
(2)Whether the licensee intended to mislead or acted with malicious intent.
(3)Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individual’s medical history or condition.
(4)Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.