BILL ANALYSIS
SB 1172
Page 1
SENATE THIRD READING
SB 1172 (Negrete McLeod)
As Amended June 22, 2010
Majority vote
SENATE VOTE :27-0
BUSINESS & PROFESSIONS 11-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Conway, Eng, |Ayes:|Fuentes, Conway, |
| |Hernandez, Hill, Ma, | |Bradford, |
| |Nava, Niello, Ruskin, | |Charles Calderon, Coto, |
| |Smyth, Nestande | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
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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.
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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
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact to DCA or any of the healing
arts boards and committees addressed by this bill.
COMMENTS : 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 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
SB 1172
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of the public remains the top priority of boards when dealing
with substance abusing licensees."
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.
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."
SB 1172
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Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
FN: 0005683