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State medical boards have taken a cue from the Federation of State Medical Boards (FSMB) by reinforcing their official anti-misinformation stance during the pandemic. Now state legislators are pushing back by taking steps to weaken medical regulatory boards, and their ability to discipline doctors who spread false information or treat patients based on it.

The FSMB shared with 乌鸦传媒 the list of proposed legislation that it's tracking in 14 states relating to pushback over boards' stances on COVID misinformation and prescribing questionable treatments.

In July, the organization put out that physicians "who generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards."

"In response to a dramatic increase in the dissemination of COVID-19 vaccine misinformation and disinformation," physicians have a special responsibility to share only factual and "consensus-driven" medical information, according to the FSMB statement, and if they share false information about COVID-19, they risk suspension or revocation of their licenses.

In turn, many state boards adopted the FSMB statement language as their policy on COVID-19 misinformation.

But lawmakers in many states have taken issue with this stance, asserting that it either intrudes on free speech, impedes "medical freedom," or that it gives state medical boards too much power.

A flurry of bills were introduced in the past months to limit oversight by state medical licensing boards. The following is the list of the proposed legislation being tracked by FSMB.

Colorado

restates a prescriber's ability to use off-label treatments, including hydroxychloroquine and ivermectin, and would keep licensing boards from disciplining a prescriber or pharmacist for doing so.

Florida

State Sen. Doug Broxson (R) and State Rep. Brad Drake (R) introduced and , which would keep state medical licensing boards from disciplining, or threatening to discipline, a medical provider for what they say on social media and other platforms, unless the regulatory board could prove that it resulted in "direct physical harm" of a patient who they've treated in the last 3 years. The health policy and judiciary committees , respectively, in favor of advancing it.

Idaho

prohibits a medical licensing board from taking action against a provider for COVID-19 treatment recommendations, including off-label drugs, and also from requiring a provider to report their vaccination status for licensure.

Indiana

lets a doctor or an advanced practice registered nurse (APRN) make a standing order for pharmacist to dispense ivermectin, and prevents multiple licensing boards from disciplining a licensee because of the order. The bill also stipulates that no information given out by the pharmacy's information sheet "may discourage the recipient from using ivermectin for the treatment of COVID-19."

Iowa

protects physicians who prescribe ivermectin or hydroxychloroquine from actions by licensing bodies. lets pharmacists prescribe these drugs with a standing order if they request it, and protects them from any liability if the drugs cause harm.

Kansas

State Sen. Mark Steffen (R) and State Sen. Renee Erickson (R) introduced and that require patients wanting an off-label drug to sign a waiver protecting the prescribing physician from liability if any harm occurs. Both bills were referred to the Committee on Public Health and Welfare.

Also, would allow prescriptions for ivermectin and hydroxychloroquine for COVID, and specifies that a prescription, recommendation, or opinion of a provider related to any COVID-19 treatment can't be considered "unprofessional conduct." The bill would also rescind any disciplinary actions related to off-label treatment that started in March 2020. State legislators also for a budget change that would slash the budget for state medical board investigations into prescribers of ivermectin.

Kentucky

prevents medical boards from disciplining a physician or physician assistant (PA) based on their treatment for COVID-19, including treatments not approved by the FDA, as long as they believe it's in the best interest of a patient who has given written consent.

Missouri

keeps a state medical licensing board from disciplining a provider for dispensing ivermectin or hydroxychloroquine, and also prevents the provider from asking why the patient needs the medication.

New Hampshire

prevents licensing boards from taking action against providers for prescribing ivermectin with a standing order. prevents action by licensing boards against physicians for off-label use of FDA-approved drugs or devices.

Oklahoma

keeps medical licensing boards from suspending, revoking, or not renewing a license based on a physician's treatments or recommendations for COVID-19.

Pennsylvania

was introduced in July 2021, but in February 2022. The bill states that doctors may prescribe ivermectin and hydroxychloroquine to treat COVID-19, and prohibits the state medical licensing board from disciplining any doctor or pharmacist for using off-label treatments for COVID-19. The wording was later amended to remove the latter language, but kept the language on licensing boards. FSMB publicly opposed this bill, stating, "Restricting a state medical board's authority to assess the quality of patient care -- as this bill would -- limits recourse for patients that have suffered harm."

Tennessee

/ prevents medical licensing boards or subcommittees from taking any disciplinary action against physicans related to COVID-19 treatment, if the provider thinks the treatment is in the patient's best interest. / allows doctors, PAs, and APRNs to prescribe ivermectin, and lets pharmacists dispense it, without facing discipline from licensing boards. / stipulates the same for pharmacies to dispense ivermectin and hydroxychloroquine.

The state's medical board pulled their policy with the FSMB language from its website in response to pressure from Republican lawmakers. According to a Tennessee state representative who spoke to 乌鸦传媒 previously, the medical board was being given too much power, and he'd heard from doctors in his area that it was "just unheard of and unprecedented that this board of medical examiners would review things that we're saying."

Virginia

/ keep medical licensing boards from disciplining providers who prescribe FDA-approved drugs for off-label use.

Washington

allows providers, including naturopathic practitioners, to recommend or prescribe hydroxychloroquine, ivermectin, the steroid , monoclonal antibodies, zinc, vitamin D, and vitamin C for COVID-19 without facing disciplinary action.

West Virginia

lets providers prescribe hydroxychloroquine, chloroquine, or ivermectin off-label; specifies that no action can be taken against prescribers; and that such prescriptions don't constitute "unprofessional conduct or otherwise grounds for discipline./ allows pharmacists to prescribe ivermectin through a doctor or APRN standing order, and states that no data on the information sheet about the drug can discourage the use of ivermectin. Medical boards would not be able to take action against the standing orders.

Wisconsin

Introduction of that would amend the state statute to protect healthcare providers from any action from their credentialing board in the Department of Safety and Professional Services. The bill proposes that no credentialing board can retaliate, discriminate, or otherwise take any action against a provider for expressing their "professional opinions."

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