Bill Text: CA SB1172 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulatory boards: diversion programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 517, Statutes of 2010. [SB1172 Detail]

Download: California-2009-SB1172-Amended.html

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BILL NUMBER: SB 1172	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

    An act to amend Sections 156, 1695, 2360, 2662, 2770,
3534, 4360, and 4860 of the Business and Professions Code, relating
to regulatory boards.   An act to amend Section 156.1
of, and to add Sections 315.2, 315.4, a   nd 315.6 to, the
Business and Professions Code, relating to regulatory boards. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, as amended, Negrete McLeod. Regulatory  boards.
  boards: diversion programs.  
   Existing 
    (1)     Existing  law provides for the
regulation of specified professions and vocations by various boards,
as defined, within the Department of Consumer Affairs.  The
department is under the control of the Director of Consumer Affairs.
Existing law authorizes the director to enter into contracts for and
on behalf of any board within the department.   Under
existing law, individuals or entities contracting with the department
or any board within the department for the provision of services
relating to the   treatment and rehabilitation of
licentiates impaired by alcohol or dangerous drugs are required to
retain all records and documents pertaining to those services for 3
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. 

   This bill would make a technical, nonsubstantive change to that
provision.  
   This bill would specify that those records and documents shall be
kept for 3 years and are not subject to discovery or subpoena unless
otherwise expressly provided by law and would prohibit the licentiate
from waiving confidentiality. The bill would require the department
or board contracting for those services to have an audit conducted at
least once every 3 years by a specified independent reviewer or
review team, would require that reviewer or review team to prepare an
audit report and to submit it to the Legislature, the department,
and the board by June 30 every 3 years, with the first report due in
2013, and would require the department, the contract vendor, and the
board to respond to the report, as specified.  
   (2) Existing law provides for the licensure and regulation of
various healing arts by boards within the Department of Consumer
Affairs. Under existing law, these boards are authorized to issue,
deny, suspend, and revoke licenses based on various grounds and to
take disciplinary action against their licensees. 
   Existing law 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. 
   This bill would, with respect to those programs, revise references
to alcohol and drug abuse to include other substances. 

   The bill would require a healing arts board to order a licensee to
cease practice if the licensee tests positive for any prohibited
substance under the terms of the licensee's probation or diversion
program. The bill would also authorize a board to adopt regulations
authorizing it to order a licensee on probation or in a diversion
program to cease practice for major violations and when the board
orders a licensee to undergo a clinical diagnostic evaluation, as
specified. Except as provided, the bill would prohibit a healing arts
board from disclosing to the public that a licensee is participating
in a board diversion program. 
   Vote: majority. Appropriation: no. Fiscal committee: no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 156.1 of the  
Business and Professions Code   is amended to read: 
   156.1.  (a) Notwithstanding any other provision of law,
individuals or entities contracting with the department or any board
within the department for the provision of services relating to the
treatment and rehabilitation of licentiates impaired by alcohol or
dangerous drugs  ,  shall retain all records and
documents pertaining to those services until such time as these
records and documents have been reviewed for audit  by the
department  pursuant to subdivision (c)  . These
records and documents shall be retained for  a maximum of
 three years from the date of the last treatment or service
rendered to that licentiate,  or until such time as the
records pertaining to treatment or services rendered to that
licentiate are audited, whichever occurs first,  after which
time the records and documents may be purged and destroyed by the
contract vendor. This provision shall supersede any other provision
of law relating to the purging or destruction of records pertaining
to those treatment and rehabilitation programs.
   (b)  Notwithstanding any other provision of law, all
  Unless otherwise expressly provided by statute or
regulation, all  records and documents pertaining to services
for the treatment and rehabilitation of licentiates impaired by
alcohol or dangerous drugs provided by any contract vendor to the
department or to any board within the department shall be kept
confidential and are not subject to discovery or subpoena.  A
licentiate may not waive confidentiality pursuant to this
subdivision.  
   (c) (1) An external independent audit of an individual or entity
contracting with the department pursuant to subdivision (a) shall be
conducted at least once every three years by a qualified, independent
reviewer or review team from outside the department with no real or
apparent conflict of interest with the contractor providing the
services. The independent reviewer or review team shall be competent
in the professional practice of internal auditing and assessment
processes.  
   (2) The independent reviewer or review team shall prepare an audit
report that assesses the contractor's performance in adhering to any
standards established by the department or the board and shall
submit that report to the Legislature, the department, and the board
by June 30 every three years, with the first report due in 2013. The
audit report shall make findings and identify any material
inadequacies, deficiencies, irregularities, or any other
noncompliance with the terms of the contract.  
   (3) The department, contract vendor, and the board shall respond
to the assessment and findings in the audit report prior to
submission to the Legislature.  
   (c) 
    (d)  With respect to all other contracts for services
with the department or any board within the department other than
those set forth in subdivision (a), the director or chief deputy
director may request an examination and audit by the department's
internal auditor of all performance under the contract. For this
purpose, all documents and records of the contract vendor in
connection with such performance shall be retained by such vendor for
a period of three years after final payment under the contract.
Nothing in this section shall affect the authority of the State
Auditor to conduct any examination or audit under the terms of
Section 8546.7 of the Government Code.
   SEC. 2.    Section 315.2 is added to the  
Business and Professions Code   , to read:  
   315.2.  (a) A board, as described in Section 315, shall 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.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) A licensee may petition to return to practice pursuant to the
uniform and specific standards adopted and authorized under Section
315. 
   SEC. 3.    Section 315.4 is added to the  
Business and Professions Code   , to read:  
   315.4.  (a) A board, as described in Section 315, may adopt
regulations authorizing the board to order a licensee on probation or
in a diversion program to cease practice for major violations and
when the board orders a licensee to undergo a clinical diagnostic
evaluation pursuant to the uniform and specific standards adopted and
authorized under Section 315.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) The regulations shall also include provisions for a licensee
to petition to return to practice pursuant to the uniform and
specific standards adopted and authorized under Section 315. 
   SEC. 4.    Section 315.6 is added to the  
Business and Professions Code   , to read:  
   315.6.  Unless otherwise authorized by statute or regulation, a
board, as described in Section 315, shall not disclose to the public
that a licensee is participating in a board diversion program unless
participation was ordered as a term of probation. However, a board
shall disclose to the public any restrictions that are placed on a
licensee's practice as a result of the licensee's participation in a
board diversion program provided that the disclosure does not contain
information linking the restriction to the licensee's participation
in the board's diversion program.  
  SECTION 1.    Section 156 of the Business and
Professions Code is amended to read:
   156.  (a) The director may, for the department and at the request
and with the consent of a board or bureau within the department on
whose behalf the contract is to be made, enter into contracts
pursuant to Chapter 3 (commencing with Section 11250) of Part 1 of
Division 3 of Title 2 of the Government Code or Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code for and on behalf of any board or bureau within the department.
   (b) In accordance with subdivision (a), the director may, in his
or her discretion, negotiate and execute contracts for examination
purposes that include provisions that hold harmless a contractor
where liability resulting from a contract between a board in the
department and the contractor is traceable to the state or its
officers, agents, or employees.  
  SEC. 2.    Section 1695 of the Business and
Professions Code is amended to read:
   1695.  It is the intent of the Legislature that the Dental Board
of California seek ways and means to identify and rehabilitate
licensees whose competency may be impaired due to abuse of dangerous
drugs or alcohol or other substances, so that licensees so afflicted
may be treated and returned to the practice of dentistry in a manner
that will not endanger the public health and safety. It is also the
intent of the Legislature that the Dental Board of California shall
implement this legislation in part by establishing a diversion
program as a voluntary alternative approach to traditional
disciplinary actions.  
  SEC. 3.    Section 2360 of the Business and
Professions Code is amended to read:
   2360.  It is the intent of the Legislature that the Osteopathic
Medical Board of California seek ways and means to identify and
rehabilitate osteopathic physicians and surgeons whose competency may
be impaired due to abuse of dangerous drugs or alcohol or other
substances, so that osteopathic physicians and surgeons so afflicted
may be treated and returned to the practice of medicine in a manner
that will not endanger the public health and safety. It is also the
intent of the Legislature that the Osteopathic Medical Board of
California shall implement this legislation by establishing a
diversion program as a voluntary alternative approach to traditional
disciplinary actions.  
  SEC. 4.   Section 2662 of the Business and
Professions Code is amended to read:
   2662.  It is the intent of the Legislature that the board shall
seek ways and means to identify and rehabilitate physical therapists
and physical therapist assistants whose competency is impaired due to
abuse of dangerous drugs or alcohol or other substances so that they
may be treated and returned to the practice of physical therapy in a
manner that will not endanger the public health and safety.
 
  SEC. 5.    Section 2770 of the Business and
Professions Code is amended to read:
   2770.  It is the intent of the Legislature that the Board of
Registered Nursing seek ways and means to identify and rehabilitate
registered nurses whose competency may be impaired due to abuse of
alcohol or drugs or other substances, or due to mental illness so
that registered nurses so afflicted may be rehabilitated and returned
to the practice of nursing in a manner that will not endanger the
public health and safety. It is also the intent of the Legislature
that the Board of Registered Nursing shall implement this legislation
by establishing a diversion program as a voluntary alternative to
traditional disciplinary actions.  
  SEC. 6.    Section 3534 of the Business and
Professions Code is amended to read:
   3534.  (a) It is the intent of the Legislature that the examining
committee shall seek ways and means to identify and rehabilitate
physician assistants whose competency is impaired due to abuse of
dangerous drugs or alcohol or other substances so that they may be
treated and returned to the practice of medicine in a manner that
will not endanger the public health and safety.  
  SEC. 7.    Section 4360 of the Business and
Professions Code is amended to read:
   4360.  The board shall operate a pharmacists recovery program to
rehabilitate pharmacists and intern pharmacists whose competency may
be impaired due to abuse of alcohol or other substances, drug use, or
mental illness. The intent of the pharmacists recovery program is to
return these pharmacists and intern pharmacists to the practice of
pharmacy in a manner that will not endanger the public health and
safety.  
  SEC. 8.    Section 4860 of the Business and
Professions Code is amended to read:
   4860.  It is the intent of the Legislature that the Veterinary
Medical Board seek ways and means to identify and rehabilitate
veterinarians and registered veterinary technicians with impairment
due to abuse of dangerous drugs or alcohol or other substances,
affecting competency so that veterinarians and registered veterinary
technicians so afflicted may be treated and returned to the practice
of veterinary medicine in a manner that will not endanger the public
health and safety.