California Bill AB 408 Puts Patients at Risk by Secretly Shielding Doctors from Disciplinary Action

Strategic Insights -

A contentious bill, AB 408, has passed the California State Assembly and is moving on to the Senate. Sponsoring the bill is the Medical Board of California, which proposes the creation of a secret "diversion program" for doctors struggling with substance abuse. This program would shield doctors from disciplinary action, allowing them to continue practicing while receiving treatment, even if they relapse. Consumer Watchdog, a prominent patient advocacy group, strongly opposes the bill, citing the risks it poses to patient safety.

Key Takeaways:

  • AB 408 would create a secret "diversion program" for doctors struggling with substance abuse, allowing them to continue practicing while receiving treatment.
  • The program would not require disclosure to Medical Board enforcement staff or consequences for doctors who fail a drug test, skip a test, or violate the program.
  • Consumer Watchdog opposes the bill, stating that it prioritizes doctors' interests over patient safety.
  • The bill would eliminate the Medical Board's responsibility to investigate and act if a doctor fails a drug test, putting patients at risk.
  • The "Uniform Standards" were enacted in 2008 to address the failures of previous diversion programs, but AB 408 would exempt doctors from these protections.
  • Tina Minasian, an advocate for patient rights, suffered lifelong injuries due to a substance-abusing surgeon who participated in the failed Diversion Program.
  • The bill would allow doctors to seek treatment to avoid discipline, even if they were impaired on the job.
  • A San Francisco doctor suspected of stealing drugs from her hospital was arrested after being found passed out in an operating room; under AB 408, the Board could send her into diversion instead of disciplinary investigation.

Statistics:

  • The former confidential physician diversion program failed five state audits.
  • In total, the state lost faith in the program and investigated several issues in successful legal cases.
  • The Medical Board of California terminated the program in 2008 after critical reviews.
  • SB 1441 was passed into law in 2008 to establish Uniform Standards for Substance-Abusing Health Care Professionals in California.
  • SB 1177 was enacted in 2016, allowing the Medical Board of California to recreate a new physician diversion program that adhered to the Uniform Standards.

Sources:

  • Consumer Watchdog's opposition letter
  • The History of the Medical Board and Physician Diversion
  • Consumer Watchdog