BILL ANALYSIS
SB 1172
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1172 (Negrete McLeod) - As Amended: June 22, 2010
SENATE VOTE : 27-0
SUBJECT : Regulatory boards: diversion programs.
SUMMARY : Limits the retention requirements on records for the
treatment and rehabilitation of substance-abusing licentiates,
authorizes specified healing arts boards to order a licensee to
cease practice due to a major violation or if the licensee has
been ordered to undergo a clinical diagnostic evaluation, and
orders specified healing arts boards to order a licensee to
cease practice if the licensee tests positive for any substance
that is prohibited under the terms of the licensee's probation
or diversion program. Specifically, this bill :
1)Limits the retention requirement to three years for all
records and documents pertaining to the treatment and
rehabilitation of licentiates impaired by alcohol or dangerous
drugs by individuals or entities contracting with the
Department of Consumer Affairs (DCA) or any board within DCA
for the provision of such services.
2)Relaxes the confidentiality requirement on records and
documents pertaining to services for the treatment and
rehabilitation of licentiates impaired by alcohol or dangerous
drugs, stating that they must be kept confidential and are not
subject to discovery or subpoena, unless otherwise expressly
provided by statute or regulation.
3)Requires a healing arts board, except the Board of Registered
Nursing (BRN), to order a licensee of the board to cease
practice if the licensee tests positive for any substance that
is prohibited under the terms of the licensee's probation or
diversion program;
4)Permits a healing arts board, except BRN, to adopt regulations
authorizing the board to order a licensee on probation or in a
diversion program to cease practice due to a major violation
or if the licensee has been ordered to undergo a clinical
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diagnostic evaluation pursuant to uniform and specific
standards, as specified.
5)Prohibits an order to cease practice pursuant to this bill
from being governed by the Administrative Procedures Act
(APA), and states that the order shall not constitute a
disciplinary action.
EXISTING LAW :
1)Provides for the regulation of specified professions and
vocations by various boards, as defined, within DCA.
2)Requires individuals or entities contracting with DCA or any
board within DCA for the provision of services relating to the
treatment and rehabilitation of licentiates impaired by
alcohol or dangerous drugs to retain all records and documents
pertaining to those services for three years or until they are
audited, whichever occurs first. Under existing law, those
records and documents are required to be kept confidential and
are not subject to discovery or subpoena.
3)Provides for the licensure and regulation of various healing
arts by boards within DCA. These boards are authorized to
issue, deny, suspend, and revoke licenses based on various
grounds and to take disciplinary action against their
licensees.
4)Establishes diversion and recovery programs to identify and
rehabilitate dentists, osteopathic physicians and surgeons,
physical therapists, physical therapy assistants, registered
nurses, physician assistants, pharmacists and intern
pharmacists, veterinarians, and registered veterinary
technicians whose competency may be impaired due to, among
other things, alcohol and drug abuse.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Pursuant to SB 1441 (Ridley-Thomas), Chapter 548, Statutes of
2008, DCA was required to adopt uniform guidelines on 16
specific standards that would apply to substance abusing health
care licensees, regardless of whether a board has a diversion
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program.
"Although most of the adopted guidelines do not need additional
statutes for implementation, there are a few changes that must
be statutorily adopted to fully implement these standards.
"This bill seeks to provide the statutory authority to allow
boards to order a licensee to cease practice if the licensee
tests positive for any substance that is prohibited under the
terms of the licensee's probation or diversion program, if a
major violation is committed and while undergoing clinical
diagnostic evaluation.
"The ability of a board to order a licensee to cease practice
under these circumstances provides a delicate balance to the
inherent confidentiality of diversion programs. The protection
of the public remains the top priority of boards when dealing
with substance abusing licensees."
Background . Currently, each healing arts board adopts its own
standards and requirements for substance abusing licensees. SB
1441 (Ridley-Thomas), Chapter 548, Statutes of 2008 established
the Substance Abuse Coordination Committee (Committee) within
DCA. The Committee was tasked with formulating, by January 1,
2010, uniform standards to be used by healing arts boards in
dealing with substance-abusing licensees. These 16 standards
include: requirements for clinical diagnostic evaluation of
licensees; requirements for the temporary removal of the
licensee from practice for clinical diagnostic evaluation and
any treatment, and criteria before being permitted to return to
practice on a full-time or part-time basis; all aspects of drug
testing; whether inpatient, outpatient, or other type of
treatment is necessary; worksite monitoring requirements and
standards; consequences for major and minor violations; and
criteria for a licensee to return to practice and petition for
reinstatement of a full and unrestricted license.
On March 3, 2009, the Committee conducted it first public
hearing and agreed to draft uniform guidelines for each of the
standards. In December 2009, DCA adopted uniform guidelines for
each of the standards required by SB 1441.
This bill will provide the additional statutory authority
necessary to implement some of these uniform standards dealing
with serious reasons for the licensee to cease practice.
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Specifically, this bill requires a healing arts board to order a
licensee to cease practice if they test positive for any
prohibited substance during their probation, while participating
in a diversion program, or when a licensee undergoes a clinical
diagnostic evaluation.
The author's office argues that adherence to the APA is
unnecessary because "the licensees who enter a diversion program
have chosen freely to enter the program in exchange for the
boards pursuing disciplinary actions against them. Similarly,
licensees who are on probation have agreed to the terms of their
provisions and are fully aware of the consequences of failure to
abide by their probation agreements."
Previous legislation . SB 1441 (Ridley-Thomas), Chapter 548,
Statutes of 2008, established the Committee within DCA to
develop uniform standards and controls for programs dealing with
licensees with substance abuse problems.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301