Physician Health and Wellness Program.

Plain English Breakdown

The bill does not specify the exact nature of the 'specified provisions' for contracts with nonprofit entities or the specific exceptions to public record exemptions.

Physician Health and Wellness Program

The bill revises the existing Physician and Surgeon Health and Wellness Program to support doctors with physical or mental health issues that may affect their ability to practice safely.

What This Bill Does

• Revises and expands the existing program to include treatment, monitoring, and rehabilitation for physicians and other professionals licensed by the Medical Board of California who have impairing physical or mental health conditions.
• Requires the board to contract with nonprofit organizations to administer the program.
• Exempts the program from certain rules about substance abuse for healing arts licensees.
• Protects private information of people in the program from being shared publicly, except as specified.
• Allows the Medical Board of California to seek and use grant funds and gifts to pay for the program.

Who It Names or Affects

• Doctors and other medical professionals licensed by the Medical Board of California
• The Medical Board of California

Terms To Know

Physician Health and Wellness Program

A program to support, treat, monitor, and rehabilitate physicians and other healthcare professionals with impairing physical or mental health conditions.

Nonprofit entity

An organization that does not make money for its leaders or members but helps the community.

Limits and Unknowns

• The bill makes the program inapplicable to the Osteopathic Medical Board of California.
• Licensees must report if they believe another licensee is impaired and unable to work safely.

Official Summary Text

AB 408, as amended, Berman.
Physician Health and Wellness Program.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons and licensed midwives by the Medical Board of California. A violation of the act is a crime. Existing law authorizes the board to establish a Physician and Surgeon Health and Wellness Program to support a physician and surgeon in their rehabilitation from substance abuse to ensure 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. Existing law requires the board to contract with a third party for the program’s administration in accordance with specified provisions of the Public Contract Code. Existing law provides that participation in the program shall not be a defense to any disciplinary action that may be taken by the board. Existing law
requires the program to comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees adopted by the Substance Abuse Coordination Committee of the Department of Consumer Affairs. Existing law establishes the Physician and Surgeon Health and Wellness Program Account in the Contingent Fund of the Medical Board of California for the support of the program.
This bill would revise and recast those provisions and would instead authorize the board to establish a Physician Health and Wellness Program to support, treat, monitor, and rehabilitate physicians and surgeons and other professionals licensed by the board with impairing physical and mental health conditions that may impact their ability to practice their profession in a reasonably safe, competent, and professional manner. The bill would require the administering entity to be a nonprofit entity and would require the contract with the administering entity to include procedures on specified
topics. The bill would exempt the program from the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees. The bill would exempt program records relating to
current or former
program participants from disclosure under the California Public Records Act, except as specified. The bill would authorize the board to establish advisory committees to assist in carrying out the duties of the administering entity, and would establish duties and responsibilities authorized to be performed by a committee. The bill would rename the Physician and Surgeon Health and Wellness Program Account as the Physician Health and Wellness Program Account, and would authorize the board to seek and use grant funds and gifts from public or private sources to pay any cost associated with the program. The bill would require the board to annually report to the Legislature and make available to the public the amount and
source of funds. The bill would require a licensee to report a license to the administering entity or the board if they believe the licensee is impaired. By expanding the scope of a crime under the Medical Practice Act, the bill would impose a state-mandated local program. The bill would make a person who reports information or takes action in connection with the bill’s provisions immune from civil liability for reporting information or taking the action, except as specified. The bill would make the program inapplicable to the Osteopathic Medical Board of California.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that
effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF