Bill Text: CA AB2346 | 2013-2014 | Regular Session | Amended

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Bill Title: Physician and surgeon assistance program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2346 Detail]

Download: California-2013-AB2346-Amended.html

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BILL NUMBER: AB 2346	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 23, 2014

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 21, 2014

   An act to add Article 15.1 (commencing with Section 2372) to
Chapter 5 of Division 2 of the Business and Professions Code,
relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2346, as amended, Gonzalez. Physician and surgeon assistance
program.
   Existing law, the Attorney Diversion and Assistance Act requires
the establishment and administration of an Attorney Diversion and
Assistance Program to provide services for the treatment and recovery
of attorneys for the abuse of drugs or alcohol or mental illness,
and who may be enrolled as inactive members of the State Bar.
   This bill would authorize establishment of a similar assistance
program for physicians and surgeons. The bill would authorize the
Medical Board of California to make available the means to
rehabilitate a physician and surgeon with impairment due to abuse of
dangerous drugs or alcohol, or mental or physical illness, that
affects his or her competency so that a physician and surgeon may be
treated in a manner that will not endanger the public health and
safety.  The bill would require the board, if the program is
established, to contract with another entity for provision of the
administrative services for the program.  The bill would make
participants in the program responsible for all expenses relating to
treatment and recovery, and would authorize the board to charge a
reasonable administrative fee to participants for the purpose of
offsetting the costs of maintaining the program. The bill would
require the board, if the program is established, to engage in
outreach to make physicians and surgeons and others aware of the
existence and availability of 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:

  SECTION 1.  Article 15.1 (commencing with Section 2372) is added to
Chapter 5 of Division 2 of the Business and Professions Code, to
read:

      Article 15.1.  Physician and Surgeon Assistance Program


   2372.  The board is authorized to establish a program as a
voluntary and confidential program to support a physician and surgeon
in his or her rehabilitation and competent practice of medicine,
enhance public protection, and maintain the integrity of the medical
profession. Confidentiality pursuant to this article shall be
absolute unless waived by a physician and surgeon, except as
specified in Section 2373. The program shall, if established, aid a
physician and surgeon struggling with substance abuse, mental health
concerns, stress, burnout, and other issues impacting his or her
productivity. This program shall be modeled after the State Bar's
Lawyer Assistance Program. 
   2373.  If the board establishes a program, the board shall
contract for the program's administration with an entity competent to
provide the necessary administrative services. 
    2373.   2374.  The board may refer a
physician and surgeon to the program, but neither acceptance into or
participation in the program shall relieve the physician or surgeon
of any lawful duties and obligations under this chapter or otherwise
under any disciplinary action. Participation in the program shall be
disclosed if required as a condition of probation, pursuant to
Section 2228.
    2374.   2375.   Participants in the
program shall be responsible for all expenses relating to treatment
and recovery. In addition, the board may charge a reasonable
administrative fee to participants for the purpose of offsetting the
costs of maintaining the program.
    2375.   2376.   If a program is
established, the board shall actively engage in outreach activities
to make physicians and surgeons, the medical community, and the
general public aware of the existence and availability of the
program. Outreach may include, but not be limited to, the development
and certification of minimum continuing education courses relating
to the prevention, detection, and treatment of substance abuse,
including no-cost and low-cost programs and materials.