SB 1177, as amended, Galgiani. Physician and Surgeon Health and Wellness Program.
Existing law establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department’s healing arts boards and a designee of the State Department of Health Care Services. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board is required to use in dealing with substance-abusing licensees, whether or not a healing arts board has a formal diversion program. Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California within the department.
This bill would authorize the board to establish a Physician and Surgeon Health and Wellness Program for the early identification and appropriate interventions
to support a physician and surgeon in his or her rehabilitation from substance abuse, physical or mentalbegin delete illness,end deletebegin insert health,end insert burnout, or other similar conditions, as specified.begin insert If the board establishes a program, the bill would require the board to contract for the program’s administration with an independent administering entity meeting certain requirements. The bill would require program participants to enter into a contractual agreement agreeing to cooperate with all elements of the program designed for the individual participant for successful completion of any treatment or monitoring recommendations.end insert
This bill would declare the intent of the Legislature to enact legislation that would authorize an administrative fee to be established by the board to be charged to the individual licensee for participation in the program and require all costs of treatment to be paid by the participant.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 14 (commencing with Section 2340) is
2added to Chapter 5 of Division 2 of the Business and Professions
3Code, to read:
4
begin insert(a)end insertbegin insert end insertThe board may establish a Physician and Surgeon
8Health and Wellness Program for the early identification and
9appropriate interventions to support a physician and surgeon in
10his or her rehabilitation from substance abuse, physical or mental
11begin delete illness,end deletebegin insert health,end insert burnout, or other similar conditions to ensure that
12the physician and surgeon remains able to practice medicine in a
13manner that will not endanger the public health and safety and will
14maintain the integrity of
the medical profession. The program, if
15established, shall aid a physician and surgeon with those health
16issues impacting his or her ability to practice medicine.
17
(b) For the purposes of this article, “program” shall mean the
18Physician and Surgeon Health and Wellness Program.
19
(c) If the board establishes a program, the program shall meet
20the requirements of this article.
(a) If the board establishes a program, the board shall
22contract for the program’s administration with an independent
23administering entity that shall do all of the following:
24
(1) Provide for the education of physicians and surgeons with
25respect to the recognition and prevention of physical, emotional,
26and psychological problems and provide for intervention when
P3 1necessary or under circumstances that may be established through
2regulations adopted by the board.
3
(2) Offer assistance to a physician and surgeon in identifying
4physical, emotional, or psychological problems.
5
(3) Evaluate the extent of physical,
emotional, or psychological
6problems and refer the physician and surgeon to the appropriate
7treatment.
8
(4) Pursuant to regulations adopted by the board addressing
9protocols to report compliance back to the referring entity
10described in paragraph (6), monitor the compliance of a physician
11and surgeon who has been referred for treatment.
12
(5) Provide counseling and support for the physician and
13surgeon and for the family of any physician and surgeon referred
14for treatment.
15
(6) Agree to receive referrals from the board and other health
16care entities, including, but not limited to, hospital medical staffs,
17well-being committees, and medical corporations.
18
(7) Agree to make their services available to all licensed
19California physicians and surgeons.
20
(b) For the purposes of the program, an administering entity
21shall mean a private entity contracted to perform the duties
22described in, and meet the requirements of, this article. A request
23for proposals shall be solicited by the board in the selection of the
24administering entity.
The administering entity of the program shall:
26
(a) Have expertise and experience in the areas of substance or
27alcohol abuse, and mental disorders in healing arts professionals.
28
(b) Evaluate the program’s progress, prepare reports and
29provide an annual accounting to the board on nonconfidential,
30statistical information as determined by the board.
31
(c) Identify and use a statewide treatment resource network,
32which includes treatment and screening programs and support
33groups.
34
(d) Demonstrate a process for evaluating the effectiveness of
35such programs.
36
(e) Be subject to an independent audit.
(a) All participants of the program shall enter into a
38contractual agreement agreeing to cooperate with all elements of
39the program designed for the individual participant for successful
P4 1completion of any treatment or monitoring recommendations as
2determined by the administering entity.
3
(b) If a participant referred to the program is terminated from
4the program for any reason other than the successful completion
5of the program, the administrating entity shall inform the referring
6entity of the participant’s termination. If the program determines
7that the continued practice of medicine by that individual creates
8too great a risk to public health, safety, and welfare, that fact shall
9be reported to the referring entity and all documents and
10
information pertaining to and supporting that conclusion shall be
11provided to the referring entity.
12
(c) Unless required under subdivision (b), all program records
13and documents and records and documents of participation of a
14physician and surgeon in the program shall be confidential and
15are not subject to discovery or subpoena.
16
(d) Participation in the program shall not be a defense to any
17disciplinary action that may be taken by the board. This section
18does not preclude the board from commencing disciplinary action
19against a physician and surgeon who is terminated unsuccessfully
20from the program. However, that disciplinary action may not
21include as evidence any confidential information, including
22documents and records described in subdivision (c).
No program employee, contractor, or agent thereof,
24shall be liable for any civil or criminal damages because of acts
25or omissions that may occur while acting in good faith in a
26program established pursuant to this article.
(a) It is the intent of the Legislature to enact
28legislation that would authorize an administrative fee to be
29established by the board to be charged to the individual licensee
30for participation in the program and to require all costs of
31treatment to be paid by the participant.
32
(b) It is the intent of the Legislature to enact legislation that
33would provide that nothing in this section shall be construed to
34prohibit additional funding from private contributions from being
35used to support the operations of the program.
The Administrative Procedure Act (Chapter 3.5
37(commencing with Section 11340) of Part 1 of Division 3 of Title
P5 12 of the Government Code) shall apply to regulations adopted
2pursuant to this article.
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