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. Existing law requires all moneys paid to and received by the Medical Board of California to be paid into thebegin delete state treasuryend deletebegin insert
State Treasuryend insert and credited to the Contingent Fund of the Medical Board of California, which, except for fine and penalty money, is a continuously appropriated fund.
This bill would authorize the board to establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse, as specified. If the board establishes a program, the bill would require the board to contract for the program’s administration with a private third-party independent administering entity meeting certain requirements. The bill would require program participants to enter into an individual agreement with the program that includes, among other things, a requirement to pay expenses related to treatment, monitoring, and laboratory tests, as provided.
This bill would create the Physician and Surgeon Health and Wellness Program Account within the Contingent Fund of the Medical Board of California. The bill would require the board to adopt regulations to determine the appropriate fee for a physician and surgeon to participate in the program, as specified. The bill would require these fees to be deposited in the Physician and Surgeon Health and Wellness Program Account and to be available, upon appropriation by the Legislature, for the support of the program. Subject to appropriation by the Legislature, the bill would authorize the board to use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program, except the bill would prohibit these moneys from being used to cover any costs for individual physician and surgeon participation in the program.
Vote: 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
(a) The board may establish a Physician and Surgeon
8Health and Wellness Program for the early identification of, and
9appropriate interventions to support a physician and surgeon in
10his or her rehabilitation from, substance abuse to ensure that the
11physician and surgeon remains able to practice medicine in a
P3 1manner that will not endanger the public health and safety and that
2will maintain the integrity of the medical profession. The program,
3if established, shall aid a physician and surgeon with substance
4abuse issues impacting his or her ability to practice medicine.
5(b) For the purposes of this article, “program” shall mean the
6Physician and Surgeon
Health and Wellness Program.
7(c) If the board establishes a program, the program shall meet
8the requirements of this article.
(a) If the board establishes a program, the program
10shall do all of the following:
11(1) Provide for the education of all licensed physicians and
12surgeons with respect to the recognition and prevention of physical,
13emotional, and psychological problems.
14(2) Offer assistance to a physician and surgeon in identifying
15substance abuse problems.
16(3) Evaluate the extent of substance abuse problems and refer
17the physician and surgeon to the appropriate treatment by executing
18a written agreement with a physician and surgeon participant.
19(4) Provide for the confidential participation by a physician and
20surgeon with substance abuse issues whobegin delete is not the subject of a begin insert does not have a restriction on his or her
21current investigation.end delete
22practice related to those substance abuse issues.end insert
23(5) Comply with the Uniform Standards Regarding
24Substance-Abusing Healing Arts Licensees as adopted by the
25Substance Abuse Coordination Committee of the Department of
26Consumer Affairs pursuant to Section 315.
(a) If the board establishes a program, the board shall
28contract for the program’s administration with a private third-party
29independent administering entity pursuant to a request for
30proposals. The process for procuring the services for the program
31shall be administered by the board pursuant to Article 4
32(commencing with Section 10335) of Chapter 2 of Part 2 of
33Division 2 of the Public Contract Code. However, Section 10425
34of the Public Contract Code shall not apply to this subdivision.
35(b) The administering entity shall have expertise and experience
36in the areas of substance or alcohol abuse in healing arts
37professionals.
38(c) The administering entity shall identify and use a statewide
39treatment resource network that includes treatment and screening
P4 1programs and support groups and shall establish a process for
2evaluating the effectiveness of such programs.
3(d) The administering entity shall provide counseling and
4support for the physician and surgeon and for the family of any
5physician and surgeon referred for treatment.
6(e) The administering entity shall make their services available
7to all licensed California physicians and surgeons, including those
8who self-refer to the program.
9(f) The administering entity shall have a system for immediately
10reporting a physician and surgeon whobegin insert
withdraws orend insert is terminated
11from the program to the board. This system shall ensure absolute
12confidentiality in the communication to the board. The
13administering entity shall not provide this information to any other
14
individual or entity unless authorized by the participating physician
15and surgeon.
16(g) The contract entered into pursuant to this section shall also
17require the administering entity to do the following:
18(1) Provide regular communication to the board, including
19annual reports to the board with program statistics, including, but
20not limited to, the number of participants currently in the program,
21the number of participants referred by the board as a condition of
22probation, the number of participants who have successfully
23completed their agreement period, and the number of participants
24terminated from the program. In making reports, the administering
25entity shall not disclose any personally identifiable information
26relating to any participant.
27(2) Submit to periodic audits and inspections of all operations,
28records, and management related to the program to ensure
29compliance with the requirements of this article and its
30implementing rules and regulations. Any audit conducted pursuant
31to this section shall maintain the confidentiality of all records
32reviewed and information obtained in the course of conducting
33the audit and shall not disclose any information identifying a
34program participant.
35(h) In the event that the board determines the administering
36entity is not in compliance with the requirements of the program
37or contract entered into with the board, the board may terminate
38the contract.
(a) A physician and surgeon shall, as a condition of
40participation in the program, enter into an individual agreement
P5 1with the program and agree to pay expenses related to treatment,
2monitoring, laboratory tests, and other activities specified in the
3participant’s written agreement. The agreement shall include all
4of the following:
5(1) A jointly agreed upon plan and mandatory conditions and
6procedures to monitor compliance with the program.
7(2) Compliance with terms and conditions of treatment and
8monitoring.
9(3) Criteria for program completion.
10(4) Criteria for termination of a physician and surgeon
11participant from the program.
12(5) Acknowledgment that withdrawal or termination of a
13physician and surgeon participant from the program shall be
14reported to the board.
15(6) Acknowledgment that expenses related to treatment,
16monitoring, laboratory tests, and other activities specified by the
17program shall be paid by the physician and surgeon participant.
18(b) Any agreement entered into pursuant to this section shall
19not be considered a disciplinary action or order by the board and
20shall not be disclosedbegin insert to the boardend insert
if both of the following apply:
21(1) The physician and surgeon did not enroll in the program as
22a condition of probation or as a result of an action by the board.
23(2) The physician and surgeon is in compliance with the
24conditions and procedures in the agreement.
25(c) Any oral or written information reported to the board shall
26remain confidential and shall not constitute a waiver of any existing
27evidentiary privileges under any other provision or rule of law.
28However, confidentiality regarding the physician and surgeon’s
29participation in the program and related records shall not apply if
30the board has referred a participant as a condition of probation.
31(d) Nothing in this section prohibits, requires, or otherwise
32affects the discovery or admissibility of evidence in an action by
33the board against a physician and surgeon based on acts or
34omissions within the course and scope of his or her practice.
35(e) Any information received, developed, or maintained
36regarding a physician and surgeon in the program shall not be used
37for any other purposes.
38(f) Participation in the program shall not be a defense to any
39disciplinary action that may be taken by the board. This section
40does not preclude the board from commencing disciplinary action
P6 1against a physician and surgeon who is terminated unsuccessfully
2from the program. However, that disciplinary action may not
3include as evidence any confidential information unless authorized
4by
this section.
(a) The Physician and Surgeon Health and Wellness
6Program Account is hereby established within the Contingent Fund
7of the Medical Board of California. Any fees collected by the board
8pursuant to subdivision (b) shall be deposited in the Physician and
9Surgeon Health and Wellness Program Account and shall be
10available, upon appropriation by the Legislature, for the support
11of the program.
12(b) The board shall adopt regulations to determine the
13appropriate fee that a physician and surgeon participating in the
14program shall provide to the board. The fee amount adopted by
15the board shall be set at a level sufficient to cover all costs for
16participating in the
program.
17(c) Subject to appropriation by the Legislature, the board may
18use moneys from the Contingent Fund of the Medical Board of
19California to support the initial costs for the board to establish the
20program under this article, except these moneys shall not be used
21to cover any costs for individual physician and surgeon
22participation in the program.
The Administrative Procedure Act (Chapter 3.5
24(commencing with Section 11340) of Part 1 of Division 3 of Title
252 of the Government Code) shall apply to regulations adopted
26pursuant to this article.
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