Perhaps by coincidence or lucky timing, six days after we filed the lawsuit against the Cali. Medical Board for investigating Doug Mackenzie for “covid misinformation,” the Board send him a letter saying that it was closing its investigation (which investigation was commenced in December 2021).

I figured that would happen. So, today I filed an amended complaint adding a physicians’ group (Physicians for Informed Consent) as a plaintiff, to help rebut the anticipated argument that our lawsuit was moot. Here is the amended complaint.

MacKenzie v. Prasifka First Amended Complaint(1)

Spoiler alert: the new complaint shows how in February 2022, the Board’s President announced a new policy of going after doctors for spreading covid misinformation. And that is a problem for the Board because 1. it did not follow California administrative procedure in issuing new enforcement guidance (or a new interpretation of some existing law) which my friends, makes the policy illegal under California law. The other tiny problem is that applying this new policy to Doug Mackenzie’s August 2021 talk to the School violates a little thing called the ex post facto prohibition which applies to state and federal government entities.

The case is going to get interesting sometime end of September to mid-October with an anticipated hearing on a soon-to-be-filed preliminary injunction motion, which I expect to win. It wouldnt’ shock me if, before that time, the Board announces a new policy limiting investigations to physicians who spread covid misinformation to their patients. But I’ll be ready for that too.

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Rick Jaffe, Esq.