Doctors' effort to end bias training won't get Ninth Circuit rehearing

[BumRushDaShow]

Source: Courthouse News Service

December 29, 2025


(CN) — The Ninth Circuit Court of Appeals, on Monday, declined to rehear a petition filed by a group of doctors and a conservative advocacy group that were suing California over a 2019 law requiring doctors to take 50 hours of ‘implicit bias’ training courses every two years.

Dr. Azadeh Khatibi and the nonprofit advocacy group “Do No Harm” sued the state’s medical board in 2023, arguing that new training requirements violated the First Amendment. They cited “inconsistent evidence that implicit bias in healthcare is prevalent and results in disparate treatment outcomes” and “no evidence-based consensus that trainings intended to reduce implicit bias are effective.”

A federal judge in Los Angeles dismissed the lawsuit in 2024, ruling that the mandated implicit-bias courses constitute government—not private—speech and are not protected by the First Amendment. A three-judge Ninth Circuit panel agreed, finding that continuing education required to maintain a medical license constitutes government speech, including implicit-bias courses aimed at helping participants recognize and ignore subconscious stereotypes. All three judges were appointed by Democratic presidents.

The Ninth Circuit denied a petition for rehearing “en banc,” offering little explanation beyond stating that “the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.” Justice Eric Tung, a Donald Trump appointee, issued a dissent.

Read more: https://courthousenews.com/doctors-effort-to-end-bias-training-wont-get-ninth-circuit-rehearing/

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Link to original RULING (PDF) - https://www.courthousenews.com/wp-content/uploads/2025/07/khatibi-ninth-circuit-ruling.pdf

[slightlv]

1. They'll keep pushing until they finally achieve nationwide what they couldn't

in CA. When that happens, once again we'll see medical and drug trials based on average white male outcomes, even for drugs or procedures done exclusively for women. This is the way it was for decades, and only in the last few years have major differences between women and men in drug interactions, for example, made their way to the MSM. One such is the pain study... and for women, who tax their bodies on a constant basis between stress, work, child rearing, and housework - this was a major reason why Women's Pain that fell outside the "male norm" ended up being labeled "Female Hysteria." As they take away or rigidly deny medications that treat female only experiences, such as menopause, our well being and lifespan will become closer to the male norm. Thus, the actuarial schedules will applaud, once again.

[eppur_se_muova]

2. I can understand the motivations behind this kind of training, but -- FIFTY HOURS ?? EVERY TWO YEARS ??

That's a full work week, plus a working weekend. That's people giving up time from their professional careers, and service to their patients, because someone, somewhere, thinks that's how much it takes. Does the burden really need to be so onerous ? And shouldn't the need for reinforcement decline after you've been through the training already ? This is the kind of thing that leads to charges of "government overreach" seeming plausible.

Proponents need to go back to the drawing board, and come up with some peer-reviewed, certified analysis of the level of training credibly needed.

[BumRushDaShow]

3. The article is misleading - HERE is the LAW

AB-241 Implicit bias: continuing education: requirements.(2019-2020)

The section of note says this -

Assembly Bill No. 241

CHAPTER 417

An act to amend Sections 2190.1 and 3524.5 of, and to add Section 2736.5 to, the Business and Professions Code, relating to healing arts.

[ Approved by Governor October 02, 2019. Filed with Secretary of State October 02, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 241, Kamlager-Dove. Implicit bias: continuing education: requirements.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under the act, a physician and surgeon is required to demonstrate satisfaction of continuing education requirements, including cultural and linguistic competency in the practice of medicine, as specified.

This bill, by January 1, 2022, would require all continuing education courses for a physician and surgeon to contain curriculum that includes specified instruction in the understanding of implicit bias in medical treatment. The bill, by January 1, 2022, would require associations that accredit these continuing education courses to develop standards to comply with these provisions.
Existing law, the Nursing Practice Act, regulates the practice of nursing by the Board of Registered Nursing. The act requires persons licensed by the board to complete specified courses of instruction, including instruction regarding alcoholism and substance dependency and spousal abuse.

This bill would require the Board of Registered Nursing, by January 1, 2022, to adopt regulations requiring all continuing education courses for its licensees to contain curriculum that includes specified instruction in the understanding of implicit bias in treatment. Beginning January 1, 2023, the bill would require continuing education providers to comply with these provisions and would require the board to audit education providers for compliance with these provisions, as specified.

Existing law, the Physician Assistant Practice Act, authorizes the Physician Assistant Board to require a licensee to complete not more than 50 hours of continuing education every two years as a condition of license renewal.

This bill would require the Physician Assistant Board, by January 1, 2022, to adopt regulations requiring all continuing education courses for its licensees to contain curriculum that includes specified instruction in the understanding of implicit bias in treatment. Beginning January 1, 2023, the bill would require continuing education providers to comply with these provisions and would require the board to audit continuing education providers for compliance with these provisions.

(snip)

SEC. 4. Section 3524.5 of the Business and Professions Code is amended to read:

3524.5. (a) The board may require a licensee to complete continuing education as a condition of license renewal under Section 3523 or 3524. The board shall not require more than 50 hours of continuing education every two years. The board shall, as it deems appropriate, accept certification by the National Commission on Certification of Physician Assistants (NCCPA), or another qualified certifying body, as determined by the board, as evidence of compliance with continuing education requirements.

(snip)

Black women are typically considered chattel animals, experiencing no pain, and who are generally nothing more than "mouthy" and "uppity", always lying to medical providers. So they routinely suffer and even die under the typical medical care because of these racist misconceptions, particularly when it comes to childbirth.