§ 2340.4. — 2340.4. (Added by Stats. 2016, Ch. 591, Sec. 1.)

California § 2340.4.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 5.: CHAPTER 5. Medicine
• Art. 14.: ARTICLE 14. Physician and Surgeon Health and Wellness Program

Text

(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.

Legislative History

Added by Stats. 2016, Ch. 591, Sec. 1. (SB 1177) Effective January 1, 2017.