NJ Lawmakers Fight Bill That Would Punish Doctors For 'Misinformation'

MIDDLETOWN, NJ — Two Monmouth County lawmakers are among many New Jersey Republicans fighting a new bill in Trenton that critics say would restrict medical freedom.

The bill is A-1884, which you can read here. It was part of a handful of measures the NJ Legislature advanced Monday that are meant to help the state prepare for future pandemics.

A-1884 was introduced by South Jersey lawmaker Dr. Herb Conaway, Jr. (D-Burlington), who is a medical doctor. Conaway's bill would allow state licensing boards to issue penalties for healthcare professionals (doctors, nurses, etc.) who disseminate what Conaway called "misinformation."

"A healthcare professional who engages in the dissemination of misinformation or disinformation shall be deemed to have engaged in professional misconduct," reads the bill. "'Disinformation' means misinformation that is deliberately disseminated with malicious intent or an intent to mislead. 'Misinformation' means any health-related claim of fact that is false and contradicted by contemporary scientific consensus, contrary to the standard of care."

The Monmouth County lawmakers fighting the bill are Assemblyman Gerry Scharfenberger, formerly the mayor of Middletown, and Assemblywoman Vicky Flynn, of Holmdel. Both are Republican. However, another Monmouth County assemblywoman, Dr. Margie Donlon, a Democrat and a doctor who represents Eatontown/Long Branch, also raised concerns about the bill. She abstained from Monday's vote.

Donlon is the first Democrat to speak publicly against the bill. She said Tuesday:

"While I am deeply concerned about the rise of misinformation and disinformation, especially when it threatens public health, I chose to abstain on A-1884 because the bill needs stronger, clearer definitions. We must ensure that protecting public safety does not unintentionally harm healthcare professionals," said Donlon. "As doctors, our work is grounded in science and constantly evolving, and regulations should reflect that balance."

"This is Cold War-era, Soviet stuff," said Scharfenberger Tuesday, the day after the bill passed in committee. "This not only restricts the First Amendment rights of doctors, but also the freedom of people to pursue the medical treatments they and their doctors think is best."

In 2022, the California legislature passed a similar law that allowed the state to take disciplinary action against doctors, including loss of their medical license, who the state deemed to share COVID-19 "misinformation" with their patients. Two California doctors, joined by the American Civil Liberties Union, sued the state of California and Gov. Gavin Newsom. A federal judge ruled the law was too vague and blocked it from being implemented, according to Reuters.

Conaway's bill was co-sponsored by Assemblyman Sterley Stanley (D-East Brunswick) and Assemblywoman Shanique Speight (D-Essex). While Conaway did not immediately return a call for comment from Patch, he said this to NJ Spotlight Monday:

“One of the major challenges we are facing in public health is 'misinformation,'” said Conaway. When doctors or nurses spread falsehoods about vaccines or potential treatments, “and do not seem to take their responsibility [as a clinician] seriously, it makes it harder for us to do the job we’re assigned to do, which is protect public health.”

"I can cite two examples of what they would consider misinformation," Scharfenberger countered. "First, the (COVID) vaccine does not prevent infection or transmission. Nobody wanted to hear that when they were pushing everyone to take the vaccines. The second is that hydroxychloroquine is an effective treatment for COVID. During the pandemic, private doctors found that off-label use of hydroxychloroquine was effective in treating it. The same way Ozempic is used off-label today by people who want to lose weight."

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

Conaway introduced the bill Monday before the NJ Assembly Health committee, which he chairs. Before they voted on it, people are who are against A-1884 spoke for about an hour. Then the vote was taken.

The bill passed the Health Committee in a 5-3 vote down party lines, with all the Democratic lawmakers present voting for it, and the Republican lawmakers on committee voting against.

It is unknown if A-1884 will be brought before the whole Assembly for a vote.

The roll call was as follows:

Herb Conaway (D) – YES

John Azzariti, Jr. (R) – NO

Shama A. Haider (D) – YES

Erik Peterson (R) – Not Voting

Shanique Speight (D) – YES

Anthony S. Verrelli (D) – YES

Pamela R. Lampitt (D) – Not Voting

Margie Donlon (D) (a medical doctor who represents the Long Branch/Eatontown area) – Abstain

Nancy Munoz (R) – NO

Brian E. Rumpf (R) – NO

Chris Tully (D) - YES