If the Medical Board of California has its way, you could be treated by a doctor wrestling with substance abuse and never know it.
Assembly Bill 408 would keep details about addicted doctors under wraps as long as those doctors voluntarily enter a new, confidential diversion program that the bill would allow the Medical Board to create.
Related Articles
Patient sues Kaiser Permanente alleging infection linked to 2023 sterilization issue Human Pegivirus may be environmental trigger for Parkinson’s disease Men under 40 are most at risk for testicular cancer. Few know it Mattel introduces its first Barbie with Type 1 diabetes The biggest gender-affirming care center for trans kids in the US is closing, prompting protestsThat’s in stark contrast to what happens now: Drug-abusing doctors are disciplined in proceedings that are made public. This approach came into being several years ago after the Medical Board’s last confidential diversion system was deemed an utter failure and patients were harmed at the hands of struggling doctors.
What could be the justification for this about-face?
Getting help
“When our physicians struggle with substance use disorders, it is in the best interest of both patients and physicians to support them in seeking out help,” Assemblymember Marc Berman, D-Menlo Park, said in an analysis of the bill he has authored.
The bill, he added, “builds off California’s longstanding efforts to destigmatize seeking treatment for substance use disorders…. Today, physicians struggling with substance use disorders can feel pressure to hide their condition and often never get the help they need. The creation of this program will help healthcare providers get the care they need, which will better protect patients in the end.”
The bill is fundamentally about patient safety, Berman said.
“(A)ll physicians deserve to recover and move forward with renewed resiliency and establishing a program would enable (the Medical Board of California) to prevent patient harm by connecting impaired or at-risk physicians with treatment before issues arise,” according to the analysis.
Doctors and other healthcare professionals are often hesitant to seek help thanks to stigma, confidentiality concerns and fears that they’ll ruin their careers, supporters argue. This reluctance can lead to “untreated or inadequately addressed conditions.”
The Medical Board’s mission is to protect consumers “and, too often, we first learn about a dangerous physician after their patient has been hurt,” said its statement of support.
“This legislation takes a proactive approach to prevent patient harm by providing a confidential pathway for physicians and other providers to seek care and treatment early, before they become unsafe to practice medicine.”
Avoiding accountability
Ha! respond consumer advocates, who couldn’t disagree more vehemently.
“The bill would allow doctors to seek treatment to avoid discipline even if they were impaired on the job,” said the group in Consumer Watchdog in opposition.
“For example: A San Francisco doctor suspected of stealing drugs from her hospital was recently arrested after she was found passed out in an operating room shortly after she was scheduled to participate in a toddler’s surgery. Under AB 408, the Board could send that doctor into diversion instead of the disciplinary investigation, treatment oversight and consequences for relapse that are all mandatory under current law. The bill does not require reporting of a positive drug test to the Board, so the doctor could continue treating patients while keeping diversion program violations secret and place patients in harm’s way.”
Another opponent of AB 408, the Consumer Protection Policy Center at the University of San Diego School of Law, takes a more dollars and cents approach.
“In light of the vacant staff positions and current budget concerns, it is a mystery how the Board will have dedicated staff to oversee this program,” it said.
“Without proper oversight, this program fails to address the previous program failures that led to catastrophic patient harm.”
The Medical Board’s attention and resources would be better focused on transparency, accountability and timely enforcement improvements to ensure meaningful consumer protection, the Center said.
The Consumer Attorneys of California points out that AB 408 does include two “important and commendable provisions:” It retains existing disclosure requirements for doctors who enter the program after allegations of patient harm or misconduct, and it mandates reporting of doctors believed to have a condition impacting their ability to practice safely.
“These are steps in the right direction, but they do not outweigh the risks created by the lack of enforcement clarity and the rollback of uniform standards,” the group said.
In a sobering assessment, a Senate analysis states simply, “Patient and public protection is lacking.”
This bill made it all the way through the Assembly and is now under consideration in the Senate. Have thoughts to share with your legislators? Find out how to contact them at findyourrep.legislature.ca.gov/.
Read More Details
Finally We wish PressBee provided you with enough information of ( Californians might never know if their doctor is an addict if bill passes )
Also on site :