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That is the problem.
The department of health can say whatever they want. The risk there is that a doctor's license might be suspended or, more likely, they get a slap on the wrist.
The legal system will put a felony (looks like third degree) on the doctor and potentially throw them in prison for five years.
Theoretically, doctors care more about saving lives and will risk anything. In reality? Doctors (and all medical professionals) have been tortured for years because of all the anti-medicine shit that comes out of the fascists and is more likely to say "Fuck it, take my license. I am gonna go deliver pizzas in a blue state rather than deal with one more minute of this shit"
Hard to save lived from jail or without a license to practice, so they are still choosing to save lives in general when they make the decision not to save specific patients.