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 and alcohol, so that osteopathic physicians and surgeons so afflicted may be treated and returned to the practice of medicine in a manner which 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.
Medicine 2000-2529.8.1Osteopathic Physician and Surgeon Diversion Evaluation Committee
Section § 2360
This law is designed to help osteopathic doctors in California who may have their skills impaired by drug or alcohol abuse. Instead of just punishing these doctors, the law encourages the Osteopathic Medical Board to create a program that helps them recover. The goal is to treat affected doctors so they can safely return to work without risking public health. This program is voluntary and offers an alternative to traditional punishment.
Osteopathic physicians rehabilitation drug abuse
Section § 2361
This section defines key terms used in the context of a specific program for osteopathic doctors in California. The 'Board' is the Osteopathic Medical Board of California. The 'Diversion program' is a special treatment program to help osteopathic physicians and surgeons who might have problems due to drug or alcohol abuse. A 'Committee' is the diversion evaluation committee that supports this program, and a 'Participant' is any licensed osteopathic doctor in California taking part in the program. A 'Program manager' is the person overseeing the diversion program, who is expected to have experience with substance abuse issues.
As used in this article:
(a)CA Business & Professions Code § 2361(a) “Board” means the Osteopathic Medical Board of California.
(b)CA Business & Professions Code § 2361(b) “Diversion program” means a treatment program created by this article for osteopathic physicians and surgeons whose competency may be threatened or diminished due to abuse of drugs or alcohol.
(c)CA Business & Professions Code § 2361(c) “Committee” means a diversion evaluation committee created by this article.
(d)CA Business & Professions Code § 2361(d) “Participant” means a California-licensed osteopathic physician and surgeon.
(e)CA Business & Professions Code § 2361(e) “Program manager” means the staff manager of the
diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues.
Osteopathic Medical Board diversion program substance abuse treatment
Section § 2362
This section allows for the creation of diversion evaluation committees in the state, which will be set up by a specified board. The board is responsible for deciding the standards for these committees and for selecting who will serve on them.
One or more diversion evaluation committees are hereby created in the state to be established by the board. The board shall establish criteria and appoint the members of the committee pursuant thereto.
diversion evaluation committees committee creation board appointments
Section § 2363
This section states that members of a specific committee are entitled to daily compensation and expenses, according to what is outlined in another section of the law, Section 103.
Each member of the committee shall receive per diem and expenses as provided in Section 103.
committee member compensation per diem expenses
Section § 2364
This law states that the board is responsible for implementing and managing the rules laid out in this part of the regulations.
The board shall administer this article.
board responsibility rule implementation administration duties
Section § 2365
This law outlines how a diversion program operates for professionals being investigated by the relevant board, typically for substance use or possession issues. Participants can join voluntarily unless otherwise directed by disciplinary actions. If someone isn’t under investigation, they can self-refer confidentially. For those under investigation, joining doesn't stop the board from continuing its probe or any disciplinary actions related to other unprofessional conduct. Agreements must be signed that acknowledge the consequences of withdrawal or termination, and termination can lead to disciplinary actions. The program aims to help those involved, but also maintains public safety.
(a)CA Business & Professions Code § 2365(a) The board shall establish criteria for the acceptance, denial, or termination of participants in the diversion program. Unless ordered by the board as a condition of disciplinary probation, only those participants who have voluntarily requested diversion treatment and supervision by a committee shall participate in the diversion program.
(b)CA Business & Professions Code § 2365(b) A participant who is not the subject of a current investigation may self-refer to the diversion program on a confidential basis, except as provided in subdivision (f).
(c)CA Business & Professions Code § 2365(c) A participant under current investigation by the board may also request entry into the diversion program by contacting the board’s Diversion Program Manager. The Diversion Program Manager may refer the participant requesting participation in the program to a diversion evaluation committee for evaluation of eligibility. Prior to authorizing a licentiate to enter into the diversion program, the Diversion Program Manager may require the licentiate, while under current investigation for any violations of the Medical Practice Act or other violations, to execute a statement of understanding that states that the licentiate understands that his or her violations of the Medical Practice Act or other statutes that would otherwise be the basis for discipline may still be investigated and the subject of disciplinary action.
(d)CA Business & Professions Code § 2365(d) If the reasons for a current investigation of a participant are based primarily on the self-administration of any controlled substance or dangerous drugs or alcohol under Section 2239, or the illegal possession, prescription, or nonviolent procurement of any controlled substance or dangerous drugs for self-administration that does not involve actual, direct harm to the public, the board may close the investigation without further action if the licentiate is accepted into the board’s diversion program and successfully completes the requirements of the program. If the participant withdraws or is terminated from the program by a diversion evaluation committee, and the termination is approved by the program manager, the investigation may be reopened and disciplinary action imposed, if warranted, as determined by the board.
(e)CA Business & Professions Code § 2365(e) Neither acceptance nor participation in the diversion program shall preclude the board from investigating or continuing to investigate, or taking disciplinary action or continuing to take disciplinary action against, any participant for any unprofessional conduct committed before, during, or after participation in the diversion program.
(f)CA Business & Professions Code § 2365(f) All participants shall sign an agreement of understanding that the withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public’s health and safety shall result in the utilization by the board of diversion treatment records in disciplinary or criminal proceedings.
(g)CA Business & Professions Code § 2365(g) Any participant terminated from the diversion program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the diversion program. A participant who has been under investigation by the board and has been terminated from the diversion program by a diversion evaluation committee shall be reported by the diversion evaluation committee to the board.
diversion program self-administration controlled substance
Section § 2366
This section talks about a committee that works under a diversion program manager to help medical professionals who need assistance. The committee's job is to evaluate those seeking to join the program, recommend treatment facilities, and review participant information. They also assess if it's safe for participants to continue practicing medicine, provide quarterly reports to the board, promote the program, and do other tasks as required.
A committee created under this article operates under the direction of the diversion program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities:
(a)CA Business & Professions Code § 2366(a) To evaluate those licensees who request participation in the program according to the guidelines prescribed by the board, and to make recommendations.
(b)CA Business & Professions Code § 2366(b) To review and designate those treatment facilities and services to which a participant in the program may be referred.
(c)CA Business & Professions Code § 2366(c) To receive and review information concerning participants in the program.
(d)CA Business & Professions Code § 2366(d) To consider whether each participant in the treatment program may safely continue or resume the practice of medicine.
(e)CA Business & Professions Code § 2366(e) To prepare quarterly reports to be submitted to the board, which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance and a cost analysis of the program.
(f)CA Business & Professions Code § 2366(f) To promote the program to the public and within the profession, including providing all current licentiates with written information concerning the program.
(g)CA Business & Professions Code § 2366(g) To perform such other related duties, under the direction of the board or the program manager, as the board may by regulation require.
diversion program manager committee responsibilities treatment facilities
Section § 2367
If you are a license holder asking to join a treatment program, you must agree to cooperate with the program as designed by a committee. You will be informed about the procedures, your rights and responsibilities, and what might happen if you do not follow the program. If you don't comply, you might be kicked out of the program.
Joining the program does not protect you from disciplinary actions from the board. The board can still take disciplinary actions if you are removed from the program.
(a)CA Business & Professions Code § 2367(a) Each licensee who requests participation in a treatment program shall agree to cooperate with the treatment program designed by the committee and approved by the program manager. The committee shall inform each participant in the program of the procedures followed, the rights and responsibilities of the participant, and the possible results of noncompliance with the program. Any failure to comply with the treatment program may result in termination of participation.
(b)CA Business & Professions Code § 2367(b) Participation in a program under this article shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this article shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program established pursuant to this article.
treatment program cooperation committee approval rights and responsibilities
Section § 2368
If you take part in the program mentioned, you will be charged a fee set by the board, and you'll need to cover all your treatment costs. The collected fees go into a specific fund for the Osteopathic Medical Board of California.
An administrative fee to be established by the board, may be charged for participation in the program; all costs of treatment shall be paid by the participant. These fees shall be deposited into the Contingent Fund of the Osteopathic Medical Board of California.
administrative fee participation fee treatment costs
Section § 2369
This section outlines that once someone has successfully completed a rehabilitation program, the committee will completely erase all records of their participation. Additionally, all documents related to this rehabilitation are kept confidential and cannot be accessed through legal discovery or subpoenas, unless it's related to a criminal case.
(a)CA Business & Professions Code § 2369(a) After the committee and the program manager, in their discretion, have determined that a participant has been rehabilitated and the program is completed, the committee shall purge and destroy all records pertaining to the participation in a treatment program.
(b)CA Business & Professions Code § 2369(b) Except as authorized by subdivision (f) of Section 2365, all board and committee records and records of proceedings pertaining to the treatment of a participant in a program shall be confidential and are not subject to discovery or subpoena except in the case of discovery or subpoena in any criminal proceeding.
rehabilitation program record destruction confidential records
Section § 2370
If you report someone to a special committee or the board about their involvement in a specific program due to concerns, the board will protect you in case you get sued for defamation over your report.
The board shall provide for the representation of any persons making reports to the diversion evaluation committee or to the board under this article in any action for defamation for reports or information given to the committee or the board regarding a licensee’s participation in the diversion program.
defamation protection reporting concerns diversion program
