AB 799

This bill directs the Department of Safety and Professional Services to contract with an entity to establish and operate a health professional assistance program to coordinate detection, evaluation, treatment, and continuing care monitoring for health care providers who are suffering from a condition that could lead to impairment, which the bill defines as the inability of a health care provider to practice with reasonable skill or safety due to a health condition.

Under the bill, the entity selected by DSPS to provide the program must be sponsored by a health care provider professional association or society, be organized as a not-for-profit entity, contract with or employ a medical director who specializes or has training or expertise in addiction medicine, and contract with or employ health care providers as needed for the program’s operation. In addition, the program must adopt certain procedures, including procedures for 1) determining eligibility for the program; 2) contracting or coordinating with a network of health care providers to provide care for participants; 3) monitoring the continuing care and support of participants; 4) intervening when participants violate any terms of program participation or when participants may require additional evaluation or treatment; and 5) safeguarding confidentiality.

The bill allows a credentialing board that regulates health care providers to participate in the program with respect to one or more credentials issued by that board. If a credentialing board participates in the program, the credentialing board is not required to participate in the program with respect to each credential issued by the board, but may limit its participation to one or more specified credentials.

The bill provides that the program must allow health care providers who are suffering from a condition that could lead to impairment to participate on a voluntary and confidential basis. The bill provides that voluntary participation in the program does not limit a credentialing board’s authority to investigate or discipline the participating health care provider on the basis of conduct that is unrelated to the health care provider’s participation in the program.

The bill permits health care providers and credentialing boards that have reason to believe that a health care provider has a condition that could lead to impairment to report the health care provider to the program. The bill requires the program to receive and assess the reports and determine whether the health care provider who is the subject of the report requires further screening, evaluation, treatment, or other action. If the program determines that a health care provider requires further screening, evaluation, treatment, or other action, the program must offer the health care provider the option to voluntarily participate in the program.

Under current law, a physician who has reason to believe that certain facts about another physician are true, including that the other physician is engaging or has engaged in acts that constitute a pattern of unprofessional conduct or that the other physician is or may be medically incompetent, must promptly submit a written report to the Medical Examining Board that includes facts relating to the conduct of the other physician. The bill provides that a physician can fulfill their reporting obligation by submitting a written report to the program, instead of the Medical Examining Board, if the Medical Examining Board is participating in the program with respect to physician credentials.

The bill provides that a health care provider’s participation in the program, any treatment received through the program, and any information reported to the program shall remain confidential except as provided in the bill; that the program may disclose information about a health care provider to a credentialing board only in certain circumstances; and that no person may require that a health care provider disclose their participation in the program or any treatment received through the program. The bill further provides that information, interviews, reports, statements, memoranda, and other documents that are furnished to the program or produced by the program are privileged and confidential.

The bill provides immunity from civil liability as specified in the bill for the program and its employees, officers, and agents and reporting health care providers.

Finally, the bill directs DSPS to charge a fee of $70 to each health care provider whose credential is served by the program to be paid at the time the health care provider is issued or renews their credential. The bill provides funding for the program costs using moneys collected from those fees.