New Jersey lawmakers fight bill that would punish doctors for 'misinformation'

MIDDLETOWN, NJ — Two Monmouth County lawmakers are among numerous New Jersey Republicans fighting in Trenton against a new bill that critics say would restrict physician freedom and severely limit doctors' freedom to talk to their patients about health care.

The bill, titled A-1884 and available to read here, is part of a series of measures passed by the New Jersey Legislature on Monday to help the state prepare for future pandemics.

A-1884 was introduced by South Jersey Rep. Dr. Herb Conaway Jr. (D-Burlington), who is a physician. Conaway's bill would allow state licensing boards to impose penalties on health care professionals (doctors, nurses, etc.) who spread what Conaway called “misinformation.”

“A health care professional who spreads false or disinformation commits professional misconduct,” the bill states. “'Disinformation' means false information that is intentionally spread with malicious intent or with the intent to mislead. 'Disinformation' means any health-related factual claim that is false and contrary to current scientific consensus and contrary to the standard of health care.”

The Monmouth County lawmakers fighting the bill are Rep. Gerry Scharfenberger, the former mayor of Middletown, and Rep. Vicky Flynn of Holmdel, both Republicans. Another Monmouth County lawmaker, Dr. Margie Donlon (D), a physician who represents Eatontown/Long Branch, abstained from Monday's vote for undisclosed reasons.

“This is stuff from the Cold War, from the Soviet Union,” Scharfenberger said Tuesday, a day after the bill passed committee. “It not only restricts doctors' First Amendment rights, but also people's freedom to choose the medical treatment that they and their doctors believe is best.”

In 2022, the California legislature passed a similar law that allowed the state to take disciplinary action against doctors, including revoking their licenses, if the state believed they were giving their patients “misinformation” about COVID-19. Two California doctors, along with the American Civil Liberties Union, sued the state of California and Governor Gavin Newsom. A federal judge ruled the law was too vague and blocked its implementation, according to Reuters.

Conaway's bill was co-sponsored by Reps. Sterley Stanley (D-East Brunswick) and Shanique Speight (D-Essex). Conaway did not immediately return Patch's call seeking comment, but told NJ Spotlight on Monday:

“One of the biggest challenges we face in public health is 'misinformation,'” Conaway said. When doctors or nurses spread falsehoods about vaccines or potential treatments “and appear to be failing in their responsibilities [as a clinician] Seriously, it makes it more difficult for us to fulfil our mission, which is to protect public health.”

“I can give two examples of what they would consider misinformation,” Scharfenberger countered. “First, the (COVID) vaccine does not prevent infection or transmission. That's what nobody wanted to hear when they were urging everyone to get vaccinated. Second, hydroxychloroquine is an effective treatment for COVID. During the pandemic, private physicians found that off-label use of hydroxychloroquine was effective in treating it. Just as Ozempic is used off-label today by people trying to lose weight.”

Scharfenberger said he knows a Middletown woman whose doctor prescribed hydroxychloroquine when she became ill with a very severe case of the coronavirus infection in April 2020, right at the beginning of the pandemic.

“It was truly a miracle, she got better the first day, then the second,” Scharfenberger said. “We're already getting hundreds of emails about this (bill). People in New Jersey are really concerned about it.”

“Medicine is not static,” Flynn said. “It is evolving, and professionals must have the freedom to discuss and explore different approaches without fear of reprisal.”

Conaway introduced the bill to the New Jersey Assembly Health Committee, which he chairs, on Monday. Before it was voted on, lawmakers opposed to A-1884 spoke for about an hour. Then it was voted on. The bill passed the Health Committee on a 5-3 vote along party lines, with all Democratic lawmakers present voting for it and Republican lawmakers on the committee voting against it.

It is not known whether A-1884 will be put to a vote in the full Assembly.

The appeal was as follows:

Herb Conaway (D) – YES

John Azzariti, Jr. (R) – NO

Shama A. Haider (D) – YES

Erik Peterson (R) – No vote

Shanique Speight (D) – YES

Anthony S. Verrelli (D) – YES

Pamela R. Lampitt (D) – No vote

Margie Donlon (D) (a physician representing the Long Branch/Eatontown area) – abstained

Nancy Munoz (R) – NO

Brian E. Rumpf (R) – NO

Chris Tully (D) – YES