BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1177 (Galgiani) - Physician and Surgeon Health and Wellness
Program
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|Version: May 4, 2016 |Policy Vote: B., P. & E.D. 9 - |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 16, 2016 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1177 would authorize the Medical Board of
California to establish a Physician and Surgeon Health and
Wellness program.
Fiscal
Impact:
Likely ongoing costs up to $150,000 per year for staff support
of the new program by the Medical Board of California
(Contingent Fund of the Medical Board of California).
Likely ongoing contract costs between $200,000 and $400,000
per year to operate the Program (Contingent Fund of the
Medical Board of California). The Department of Consumer
Affairs currently contracts with an outside entity to manage a
program to provide substance abuse services to licensees of
several licensing boards.
The cost estimate above assumes that disciplinary actions by
SB 1177 (Galgiani) Page 1 of
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the Medical Board relating to mental health or substance abuse
issues that do not result in license revocation or surrender
would likely result in the licensee entering the program
authorized under the bill. The estimate also assumes that some
portion of other disciplinary actions involve a substance
abuse issue which would lead to a licensee entering the
program. Under the bill, the costs to participate in the
program would be paid for by participating licensees (as would
the costs for direct health care or substance abuse services).
Background: Under current law, the Medical Board of California licenses
physicians and surgeons and regulates the practice of medicine.
The Medical Board formerly operated a "diversion" program,
wherein licensees subject to disciplinary action relating to
substance abuse could seek treatment for those issues in lieu of
disciplinary action. After several reviews of the former
diversion program found serious deficiencies, the program was
allowed to sunset in 2008.
Many other health profession licensing boards within the
Department of Consumer Affairs operate diversion programs,
operated by a single outside entity that contracts with the
Department.
Proposed Law:
SB 1177 would authorize the Medical Board of California to
establish a Physician and Surgeon Health and Wellness program.
Specific provisions of the bill would:
Authorize the Medical Board to establish a Physician and
Surgeon Health and Wellness Program for the early
identification and appropriate interventions to support
rehabilitation from substance abuse;
Require the Program to meet specified criteria -
including referral to appropriate treatment, requiring a
written agreement with a participant, and compliance with
existing policies of the Department of Consumer Affairs;
Require the Board to contract for program administration
with a third-party vendor, with specified criteria and
requirements on the vendor;
Require a physician, as condition of participation in
the Program, to enter into a written agreement with the
SB 1177 (Galgiani) Page 2 of
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Program and to pay all expenses related to treatment,
testing, etc.;
Require the Board to adopt regulations to establish a
fee on participating physicians, to cover all the costs of
participating in the Program.
Related
Legislation: In recent years, there have been several bills
proposed to establish some form of diversion program at the
Medical Board - including AB 2346 (Gonzalez, 2014), SB 1483
(Steinberg, 2012), AB 526 (Fuentes, 2009), AB 214 (Fuentes,
2008), and AB 2443 (Nakanishi, 2008). None of those bills were
enacted.
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