SECTIONS 2360-2370 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2360-2370

2360. 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.

2361. As used in this article:
(a) "Board" means the Osteopathic Medical Board of California.
(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) "Committee" means a diversion evaluation committee created by
this article.
(d) "Participant" means a California-licensed osteopathic
physician and surgeon.
(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.

2362. 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.

2363. Each member of the committee shall receive per diem and
expenses as provided in Section 103.

2364. The board shall administer this article.

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) 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) 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) 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) 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) 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) 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.

2366. 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) To evaluate those licensees who request participation in the
program according to the guidelines prescribed by the board, and to
make recommendations.
(b) To review and designate those treatment facilities and
services to which a participant in the program may be referred.
(c) To receive and review information concerning participants in
the program.
(d) To consider whether each participant in the treatment program
may safely continue or resume the practice of medicine.
(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) To promote the program to the public and within the
profession, including providing all current licentiates with written
information concerning the program.
(g) To perform such other related duties, under the direction of
the board or the program manager, as the board may by regulation
require.

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) 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.

2368. 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.

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) 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.

2370. 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.