Physician AssistantsDiversion of Impaired Physician Assistants
Section § 3534
This law encourages the board to find methods to help physician assistants who are struggling with drug or alcohol abuse, so they can get the necessary treatment and safely return to their medical duties without risking public health.
Section § 3534.1
This law section explains that a board must set up and manage a special program to help physician assistants who are struggling with drug or alcohol problems. The goal is to help them recover and return to safe practice. The board can work with other organizations to run this program and may form committees to help with evaluations. These committees work under a program manager, who is appointed by the board and is in charge of reviewing and assessing what the committees recommend.
Section § 3534.10
Section § 3534.2
This law outlines how boards should set up committees related to substance abuse recovery. Each committee must have at least three members, and the board should prioritize appointing people who have either recovered from substance abuse themselves (with at least three years of sobriety) or have expertise in substance abuse treatment. Consideration should also be given to appointing a psychiatrist. Appointments require approval by most of the board and can last up to four years, with the option to stagger initial terms. A majority of committee members must be present to make decisions, and they must elect a chairperson and vice chairperson. Importantly, committees can meet privately when discussing confidential matters about physician assistants in diversion programs to protect their privacy. Members receive a daily allowance and expense reimbursements.
Section § 3534.3
This law outlines what committees must do in relation to a diversion program for physician assistants. They're responsible for evaluating physician assistants who want to enter the program and recommending whether they should get in. They also choose treatment facilities for participants and review information about them while in the program. Committees can hold meetings to discuss new requests and ongoing participant information, and they decide if participants can safely keep practicing medicine. They must set the terms of each participant's treatment and supervision in writing and hold public meetings twice a year to assess the program's progress. Finally, committee members are protected from civil liability when acting in good faith.
Section § 3534.4
This law section outlines the requirements for a physician assistant in California to be accepted into a diversion program, which helps those who have issues with drug or alcohol abuse. To qualify, the individual must be licensed within the state and either voluntarily seek help or be part of a disciplinary process. They must agree to medical assessments, provide necessary medical information, and fully cooperate with the treatment program. However, if it's determined that the individual wouldn't benefit from the program or poses a risk to public health, they can be denied entry.
Section § 3534.5
This section explains the rules about terminating someone from a specific program for physician assistants. A participant can be removed if they finish the program, fail to follow the rules, or if their participation becomes a public safety risk. If someone is denied entry or removed (except when they complete the program), and it's considered risky for them to continue practicing medicine, this must be reported to the board. Also, every participant has to agree to stick with the recovery plan, and any breaches can lead to removal. The board must inform participants about the program's procedures, their rights, and what could happen if they don’t follow the rules.
Section § 3534.6
This law allows the board to set extra rules for who can join or be removed from a program, beyond what's already mentioned in another section.
Section § 3534.7
Records and proceedings related to a physician assistant's involvement in a particular program are kept confidential and cannot be obtained through legal discovery or a subpoena.
Section § 3534.8
Section § 3534.9
The law requires that if the board hires another organization to help with a program, they must check how well this partner is doing every two years. As part of this check, they must look at program participant files, but keep the names confidential if they joined willingly. However, if they find problems like wrong diagnosis, poor management, or rule-breaking, they can disclose the names.