A judge will decide if a federal court can litigate the lawsuit about a suspension of an Ellsworth doctor’s license while a case is pending at the state level.
Dr. Meryl Nass had her medical license suspended by a state regulatory board because she violated multiple board rules while treating COVID-19 patients. Nass sued the Maine Board of Licensure in Medicine and its members in August, saying the decision was a violation of her First Amendment rights.
Nass is an outspoken vaccine skeptic, who prescribed ivermectin and hydroxychloroquine for the treatment or prevention of the coronavirus. The lawsuit said the board decided even questioning the COVID-19 vaccine was spreading misinformation.
U.S. District Court Judge Jon Levy heard arguments Wednesday morning about if the case should be dismissed and if state proceedings mean the federal case needs to be paused. Levy will issue a written opinion at an unknown future date.
Complaints were first made against Nass in late 2021. A woman with COVID pneumonia was admitted to Pen Bay Medical Center in Rockport. She told a hospitalist that Nass diagnosed her with COVID-19 over the phone and prescribed a five-day treatment of the antiparasitic drug ivermectin.
Ivermectin is not approved for treatment of COVID-19 by the Food and Drug Administration. The agency also warned against using hydroxychloroquine outside of hospitals or clinical trials because of serious heart risks.
The board of medicine said COVID-19 needed to be treated like other diseases, with doctors following the standard of care, Assistant Attorney General Michael Miller said. Doctors needed to be honest and truthful with patients, but there was no statement about taking a position on the vaccine, according to Miller.
However, Nass’ attorney, Tyler Smith, said the board stated that spreading misinformation about COVID-19 or the vaccine can lead to suspension or revocation of a medical license. Smith argued that, essentially, the message was saying good things about the vaccine was fine, but saying anything bad would lead to disciplinary action.
“The point here is that if you’re a physician and you speak about COVID-19, you need to speak with the government’s preferred view or you will be in front of the Maine Board of Licensure facing potential suspension and revocation of your license,” Smith said.
The communication was about making sure inaccurate or misleading information was not presented to patients, Miller said.
“[It’s] not whether or not you’re going to advocate for the vaccine or not advocate for the vaccine,” Miller said. “But whether or not what you’re providing to your patients is accurate information. That’s all that they’re looking at and that’s all that statement says.”
The Maine attorney’s general office, which is representing the medical board, also argued that the group has sovereign immunity from the lawsuit and any injunctive relief is limited to board members in their official capacity.
Nass has previously said her legal defense is funded through Robert F. Kennedy Jr.’s anti-vaccine advocacy group.
