'Microaggressions' Could Cost Doctors Their Medical Licenses in Oregon, Proposed New Rule Says

The Oregon Medical Board has introduced a new ethics rule that threatens to revoke the medical licenses of doctors who commit “microaggressions” in the workplace.

Under the bill first introduced in April, doctors will be required to report any “unprofessional or dishonorable conduct” by themselves or a licensed colleague within 10 business days. If they fail to comply with this mandatory rule, they will face disciplinary action, which could include the loss of their medical license, according to the proposal.

Under this rule, the term “unprofessional conduct” would be expanded to include “discrimination in the practice of medicine, podiatry, and acupuncture” through “unfair treatment characterized by prejudice implicit and explicit, including microaggressions, or indirect or subtle behaviors that reflect negative behaviors.” attitudes or beliefs toward a non-majority group.

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If doctors fail to follow this mandatory rule, they could face disciplinary action, including revocation of their medical licenses, according to the proposal. (Hannah McKay – Swimming Pool/Getty Images)

Discrimination, as defined in the proposal, refers to “differences in the quality of health care provided that are not due to factors related to access or clinical needs, preferences and appropriateness or 'intervention'.

The standard defined by the council refers to any “indirect or subtle behavior that reflects negative attitudes or beliefs toward a non-majority group.”

“The proposed rule could have a favorable impact on racial equity by making discrimination a basis for OMB licensing discipline,” the proposal states.

Jonathan Turley, a Fox News contributor and law professor, criticized the decision in a lengthy blog post Tuesday, highlighting his free speech concerns over the use of “one of the most ambiguous categories of prescribed speech” to discipline practitioners in the medical field.

Constitutional scholar Jonathan Turley of George Washington University testifies before the House Judiciary Committee in the Longworth House office building on Capitol Hill, December 4, 2019, in Washington, DC (Chip Somodevilla/Getty Images)

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“The incorporation of microaggressions into new ethics rules is precisely what some of us have been warning about for years. As is often the case, activists begin by insisting that language surveillance is purely educational and optional before codifying these rules in mandatory terms.” Turley wrote.

Turley said he has criticized “microaggression” rules on college campuses in the past, arguing that they are “hopelessly vague” and highly controversial.

“This ambiguity creates a threat to freedom of expression by having a chilling effect on speakers who are unsure of what will be considered microaggressive,” he warned.

“Terms ranging from 'melting pot' to expressions like 'self-help' have been declared racist. Some of these were identified by Professor Derald Wing Sue of Columbia, cited by the government of Oregon State as a 'microaggressions expert.'

“The free speech issue is how such micro-aggressive terms can be used to restrict or punish free speech, including supporting complaints in formal investigations.”

Turley reminded readers that the Hippocratic Oath is based on the pledge that doctors “first do no harm,” adding that if enforced, the rule will effectively turn doctors into “social warrior snitches.” “.

“Unfortunately, this commitment does not appear to apply to free speech in Oregon,” he argued. “Rather than simply publishing opinions on phrases or practices that may be considered microaggressive, the Oregon Medical Board is poised to impose ambiguous regulation of speech that is likely considered by some doctors to be the turning them into social warrior snitches.”

The Oregon Medical Board is expected to consider permanently adopting the rule at a July 11 meeting, the Free Beacon reported.

Dr. Stanley Goldfarb, former associate dean of the University of Pennsylvania School of Medicine, told the outlet he feared Oregon's attempt to penalize microaggressions so harshly would have a “chilling” effect on medicine and could prevent doctors from providing optimal care.

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“Doctors need to be able to speak frankly and honestly with their patients,” he told the Free Beacon. “If they believe they can be disciplined for delivering bad news or making a comment that the patient misinterprets, this will have a chilling effect on speaking out and ultimately lead to a deterioration of the patient-doctor relationship. “

The Oregon Medical Board did not immediately respond to Fox News Digital's request for comment.