Bill Text: CA SB1177 | 2015-2016 | Regular Session | Chaptered
Bill Title: Physician and Surgeon Health and Wellness Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State. Chapter 591, Statutes of 2016. [SB1177 Detail]
Download: California-2015-SB1177-Chaptered.html
BILL NUMBER: SB 1177 CHAPTERED
BILL TEXT
CHAPTER 591
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE APRIL 20, 2016
AMENDED IN SENATE APRIL 4, 2016
INTRODUCED BY Senator Galgiani
FEBRUARY 18, 2016
An act to add Article 14 (commencing with Section 2340) to Chapter
5 of Division 2 of the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1177, 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 of Consumer Affairs. Existing law
requires all moneys paid to and received by the Medical Board of
California to be paid into the State Treasury 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 3rd-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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 14 (commencing with Section 2340) is added to
Chapter 5 of Division 2 of the Business and Professions Code, to
read:
Article 14. Physician and Surgeon Health and Wellness Program
2340. (a) The board may 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 to ensure that the physician and
surgeon remains able to practice medicine in a manner that will not
endanger the public health and safety and that will maintain the
integrity of the medical profession. The program, if established,
shall aid a physician and surgeon with substance abuse issues
impacting his or her ability to practice medicine.
(b) For the purposes of this article, "program" shall mean the
Physician and Surgeon Health and Wellness Program.
(c) If the board establishes a program, the program shall meet the
requirements of this article.
2340.2. If the board establishes a program, the program shall do
all of the following:
(a) Provide for the education of all licensed physicians and
surgeons with respect to the recognition and prevention of physical,
emotional, and psychological problems.
(b) Offer assistance to a physician and surgeon in identifying
substance abuse problems.
(c) Evaluate the extent of substance abuse problems and refer the
physician and surgeon to the appropriate treatment by executing a
written agreement with a physician and surgeon participant.
(d) Provide for the confidential participation by a physician and
surgeon with substance abuse issues who does not have a restriction
on his or her practice related to those substance abuse issues. If an
investigation of a physician and surgeon occurs after the physician
and surgeon has enrolled in the program, the board may inquire of the
program whether the physician and surgeon is enrolled in the program
and the program shall respond accordingly.
(e) Comply with the Uniform Standards Regarding Substance-Abusing
Healing Arts Licensees as adopted by the Substance Abuse Coordination
Committee of the department pursuant to Section 315.
2340.4. (a) If the board establishes a program, the board shall
contract for the program's administration with a private third-party
independent administering entity pursuant to a request for proposals.
The process for procuring the services for the program shall be
administered by the board pursuant to Article 4 (commencing with
Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public
Contract Code. However, Section 10425 of the Public Contract Code
shall not apply to this subdivision.
(b) The administering entity shall have expertise and experience
in the areas of substance or alcohol abuse in healing arts
professionals.
(c) The administering entity shall identify and use a statewide
treatment resource network that includes treatment and screening
programs and support groups and shall establish a process for
evaluating the effectiveness of those programs.
(d) The administering entity shall provide counseling and support
for the physician and surgeon and for the family of any physician and
surgeon referred for treatment.
(e) The administering entity shall make their services available
to all licensed California physicians and surgeons, including those
who self-refer to the program.
(f) The administering entity shall have a system for immediately
reporting a physician and surgeon, including, but not limited to, a
physician and surgeon who withdraws or is terminated from the
program, to the board. This system shall ensure absolute
confidentiality in the communication to the board. The administering
entity shall not provide this information to any other individual or
entity unless authorized by the participating physician and surgeon
or this article.
(g) The contract entered into pursuant to this section shall also
require the administering entity to do the following:
(1) Provide regular communication to the board, including annual
reports to the board with program statistics, including, but not
limited to, the number of participants currently in the program, the
number of participants referred by the board as a condition of
probation, the number of participants who have successfully completed
their agreement period, and the number of participants terminated
from the program. In making reports, the administering entity shall
not disclose any personally identifiable information relating to any
participant.
(2) Submit to periodic audits and inspections of all operations,
records, and management related to the program to ensure compliance
with the requirements of this article and its implementing rules and
regulations. Any audit conducted pursuant to this section shall
maintain the confidentiality of all records reviewed and information
obtained in the course of conducting the audit and shall not disclose
any information identifying a program participant.
(h) If the board determines the administering entity is not in
compliance with the requirements of the program or contract entered
into with the board, the board may terminate the contract.
2340.6. (a) A physician and surgeon shall, as a condition of
participation in the program, enter into an individual agreement with
the program and agree to pay expenses related to treatment,
monitoring, laboratory tests, and other activities specified in the
participant's written agreement. The agreement shall include all of
the following:
(1) A jointly agreed-upon plan and mandatory conditions and
procedures to monitor compliance with the program.
(2) Compliance with terms and conditions of treatment and
monitoring.
(3) Criteria for program completion.
(4) Criteria for termination of a physician and surgeon
participant from the program.
(5) Acknowledgment that withdrawal or termination of a physician
and surgeon participant from the program shall be reported to the
board.
(6) Acknowledgment that expenses related to treatment, monitoring,
laboratory tests, and other activities specified by the program
shall be paid by the physician and surgeon participant.
(b) Any agreement entered into pursuant to this section shall not
be considered a disciplinary action or order by the board and shall
not be disclosed to the board if both of the following apply:
(1) The physician and surgeon did not enroll in the program as a
condition of probation or as a result of an action by the board.
(2) The physician and surgeon is in compliance with the conditions
and procedures in the agreement.
(c) Any oral or written information reported to the board shall
remain confidential and shall not constitute a waiver of any existing
evidentiary privileges. However, confidentiality regarding the
physician and surgeon's participation in the program and related
records shall not apply if the board has referred a participant as a
condition of probation or as otherwise authorized by this article.
(d) Nothing in this section prohibits, requires, or otherwise
affects the discovery or admissibility of evidence in an action by
the board against a physician and surgeon based on acts or omissions
that are alleged to be grounds for discipline.
(e) Participation in the program shall not be a defense to any
disciplinary action that may be taken by the board. This section does
not preclude the board from commencing disciplinary action against a
physician and surgeon who is terminated unsuccessfully from the
program. However, that disciplinary action shall not include as
evidence any confidential information unless authorized by this
article.
2340.8. (a) The Physician and Surgeon Health and Wellness Program
Account is hereby established within the Contingent Fund of the
Medical Board of California. Any fees collected by the board pursuant
to subdivision (b) shall be deposited in the Physician and Surgeon
Health and Wellness Program Account and shall be available, upon
appropriation by the Legislature, for the support of the program.
(b) The board shall adopt regulations to determine the appropriate
fee that a physician and surgeon participating in the program shall
provide to the board. The fee amount adopted by the board shall be
set at a level sufficient to cover all costs for participating in the
program, including any administrative costs incurred by the board to
administer the program.
(c) Subject to appropriation by the Legislature, the board may use
moneys from the Contingent Fund of the Medical Board of California
to support the initial costs for the board to establish the program
under this article, except these moneys shall not be used to cover
any costs for individual physician and surgeon participation in the
program.
