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Calif. Medical Board: Stop Issuing Bogus Mask Exemptions to Students

— Agency threatens discipline amid reports some doctors are selling back-to-school exemptions

MedpageToday
A mask exemption override card to be handed to those showing a mask exemption card.

In the wake of reports that some California doctors are handing out fake mask exemptions to students, the Medical Board of California (MBC) issued a stern warning on Tuesday.

"A physician who grants a mask or other exemption without conducting an appropriate prior exam and without a finding of a legitimate medical reason supporting such an exemption within the standard of care may be subjecting their license to disciplinary action," the agency said.

The board, which licenses some 150,000 physicians, added that it encourages anyone who feels that a physician is granting mask exemptions inappropriately to file a complaint with the medical board. A letter from a physician certifying that the student has a health condition in which wearing a mask would cause harm is required for a student to return to school without mouth or face protection.

The California Medical Association (CMA), , wagged its finger at the practice.

They noted a number of "reports of rogue physicians selling bogus mask exemptions," adding that they are "deeply troubled" that some physicians "have decided to ignore the science surrounding the spread of COVID-19 and place the lives of children and their families in danger."

In a statement, CMA president Peter N. Bretan Jr., MD, said, "There are very few medical reasons and situations that would exempt an individual from masking requirements. It strains credulity to think that a single physician would have dozens or hundreds of patients with valid medical claims for such an exemption."

"Unfortunately, we know there are bad actors who are willing to operate outside the accepted standards of care in order to turn a personal profit. This needs to stop," he added. "Physicians have an obligation and a duty to uphold the oath we all take when we assume the awesome responsibility of practicing medicine. We need strong, immediate action to ensure bad actors are not given carte blanche to interpret the law as they wish."

The warnings from the MBC and the CMA came after a that Michael Huang, MD, a private practitioner in Roseville had been selling mask exemptions to students in the Eureka Union School District, including an exemption from the rule that those students who don't wear masks must wear face shields. According to the report, David Herbert, CEO of Sutter Independent Physicians, said concerned parents had complained about the number of students who were excused from wearing masks on the basis of health concerns.

The report quoted Herbert as saying that he fired Huang in late 2020. Huang told a reporter that he was unaware of any accusation against him about his practice and denied writing mask exemptions without a medical reason. However, he acknowledged to a reporter that he could not wear a mask during work because of his asthma, and that was the reason he was let go.

The MBC also intends to extend a strong arm against doctors who spread false or misleading information about COVID-19. Earlier this month, a from the Federation of State Medical Boards advised all physician and PA licensees that spreading false or misleading information about COVID-19 vaccines could result in disciplinary action.

In a statement, Carlos Villatoro, public information manager for the MBC, said that according to California rules, the licensing agency may consider such physician activities "unprofessional conduct and could be grounds for disciplinary action."

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    Cheryl Clark has been a medical & science journalist for more than three decades.