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Medical society eyes crackdown on Covid-19 misinformation

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May 13, 2022 View in browser
 
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By Jonathan Custodio

The Medical Society of New Jersey is asking the state Board of Medical Examiners to penalize physicians who play a role in propelling "dangerous" Covid-19 misinformation, POLITICO's Daniel Han reports.

In a letter submitted to the board earlier this month, the medical society requested the board, which oversees the licensure of physicians, to "reprimand, suspend, revoke or otherwise discipline" New Jersey-based physicians who spread Covid-19 misinformation "in a way that is harmful to individual or public health."

The medical society's director of government relations, Josh Bengal, told POLITICO the society, which testified before the board on Wednesday, does not intend to police or stifle legitimate medical debate but identify the line between protected free speech rights and dangerous misinformation.

"We value of course the free speech rights of all physicians and all people very highly," Bengal said. "We look forward to working with the BME to get them the info they need to identify … when speech has gone beyond just protected free speech rights and gone into dangerous misinformation that can harm patients or the public."

Bengal noted that "egregious" cases like conspiracy theories over micro-chips in vaccines would warrant attention from the Board of Medical Examiners, which under New Jersey law, has the authority to discipline licensees for "professional or occupational misconduct as may be determined by the board."

In its letter, the medical society also asked the board to recommend other health care licensing boards that operate under the state Division of Consumer Affairs. which the BME operates under, to take similar measures in addressing Covid-19 misinformation. Disciplining physicians for Covid-19 misinformation has been an issue discussed across the country and has drawn out some sanctions against physicians from other state boards.

A spokesperson for the Division of Consumer Affairs, which includes the BME, said "no formal action was taken" on the proposal during Wednesday's meeting but didn't comment on whether the board would support any disciplinary measures around Covid-19 misinformation.

WHAT YOU NEED TO KNOW TODAY

SCUTARI DROPS LAWSUIT — Senate President Nick Scutari has found vindication after the City of Linden settled a lawsuit he filed alleging a political conspiracy to retaliate against him for failing to back certain candidates for office, for malicious prosecution and for defamation, libel and slander, reports New Jersey Globe's David Wildstein.

Linden paid for an investigative report that accused Scutari, who spent 15 years as the city's municipal prosecutor, of "serial absenteeism," and the settlement effectively puts that probe to rest.

Scutari dropped the $10 million suit after the city agreed to drop a series of accusations against him and be legally bound to that "from the beginning of time" until the settlement date.

CONGRESSIONAL ENDORSEMENT — Rep. Mikie Sherrill (D-Montclair) notched the endorsement of the state's largest union for firefighters, EMTS, and other first responders, in her bid for reelection, reports New Jersey Globe's Joey Fox.

The New Jersey Firefighters Mutual Benevolent Association announced today it's backing Sherrill to retain her 11th District seat. The union backed Sherrill in her initial campaign in 2018, as well as her 2020 reelection campaign.  

COVID NUMBERS — The steep rise in Covid-19 cases continues as New Jersey reported 5,309 confirmed positive tests and eight deaths from the virus today. The state's seven-day case average is up 39 percent from a week ago and 136 percent from a month ago.

ON THE BEATS

WATERFRONT COMMISSION — Attorneys for New Jersey and New York have agreed on a timeline to make various court filings in their dispute over how to police the East Coast's largest shipping port.

In a joint filing today, the states said the U.S. Supreme Court can decide the case by interpreting the language of a disputed 1953 bi-state compact that created the Waterfront Commission of New York Harbor, and there isn't need for justices to appoint a special master to gather lots of evidence.

In disputes between states, which automatically head to the nation's high court, a special master can act like a trial court judge, gathering evidence on the justices' behalf. Attorneys for both states say the dispute is about how to parse a law, not over facts.

A 2018 New Jersey law calls for the state to exit the commission, which state officials say is holding up economic activity at the port. The state's exit was held up by previous litigation between New Jersey and the commission itself, which New Jersey won. But New York now says New Jersey can't unilaterally pull out of the two-state agreement that created the commission without New York's permission.

New York officials also argue the commission is still needed to crack down on organized crime at the port. In late March, the Supreme Court blocked New Jersey's exit until it could figure out what to do with the case. — Ry Rivard

GREEN FOR BROWNFIELDS — The U.S. Environmental Protection Agency announced a quarter billion dollars in Brownfields Grants to 265 communities across the country, including four grants totaling $6.5 million across New Jersey: a cleanup grant of $500,000 for Asbury Park, $3.5 million for the Camden Redevelopment Agency, $500,000 Hamilton Township and $2 million for projects across the state funded by the New Jersey Economic Development Authority. — Ry Rivard

Around New Jersey

"N.J. hospitals face shortage of contrast dye used in CT scans, forcing delay of some tests," by The Record's Lindy Washburn: "A shortage of contrast dye for medical imaging caused by COVID lockdowns in Shanghai is forcing some New Jersey patients to postpone cancer follow-up appointments as hospitals conserve their limited supplies for the most urgent patients.

"Physician orders for CT scans and other imaging "with contrast" are being reviewed to see if they are absolutely necessary or can be postponed, said Cathleen Bennett, the president and CEO of the New Jersey Hospital Association.

"'Our top priority is to ensure that critical tests used to diagnose and treat patients are not disrupted,' Bennett said."

"Officials vow to protect 'vulnerable' South Toms River from environmental inequity," by Asbury Park Press' Amanda Oglesby: "State and federal officials met with residents of South Toms River and surrounding communities on Wednesday as part of an effort to reduce environmental harms in some of New Jersey's most underserved neighborhoods.

"At the Second Baptist Church on First Street, Shawn M. LaTourette, New Jersey's commissioner of the Department of Environmental Protection; Kandyce Perry, director of the department's Office of Environmental Justice; and Lisa Garcia, administrator for Region 2 of the U.S. Environmental Protection Agency, which includes New Jersey, met with local residents.

"The event was the third in-person stop in the department's environmental justice listening sessions, following events in recent months in Burlington City and Elizabeth."

"Hinting no more shoes to drop, state seeks delay in Matt O'Donnell civil litigation," by New Jersey Globe's David Wildstein: "Matt O'Donnell, the now-suspended tax appeal lawyer who has pled guilty to making illegal campaign contributions in exchange for public contracts, does not appear to be cooperating in any other investigations beyond those were announced in December 2019, court documents show.

"More than a year ago, Superior Court Judge Mitzi Galis-Menendez sealed a list of potential targets in a state corruption probe, including a list of individuals O'Donnell offered to contact and a list of people prosecutors asked him to connect with in his role as a cooperating witness for the state.

"Deputy Attorney General John Nicodemo acknowledged that there are ongoing investigations related to a cooperation agreement O'Donnell and his law firm entered into with the attorney general's office in June 2018. But in new filings this week on another O'Donnell-related matter, the state did not mention ongoing investigations of anyone other than the original 2019 list."

Odds and ends

— It took a $27 beer to rein in drink prices at the Port Authority.  

— A transgender woman has accused a manager at an Edison diner of discrimination and transphobia following a dispute over which bathroom she could use.

— DEP officials report a black bear attacked and injured a woman in Sussex County while enroute to check her mail.

 

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