SECTIONS 2662-2669 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2662-2669

2662. It is the intent of the Legislature that the board shall seek
ways and means to identify and rehabilitate physical therapists and
physical therapist assistants whose competency is impaired due to
abuse of dangerous drugs or alcohol so that they may be treated and
returned to the practice of physical therapy in a manner which will
not endanger the public health and safety.

2663. The board shall establish and administer a diversion program
for the rehabilitation of physical therapists and physical therapist
assistants whose competency is impaired due to the abuse of drugs or
alcohol. The board may contract with any other state agency or a
private organization to perform its duties under this article. The
board may establish one or more diversion evaluation committees to
assist it in carrying out its duties under this article. Any
diversion evaluation committee established by the board shall operate
under the direction of the diversion program manager, as designated
by the executive officer of the board. The program manager has the
primary responsibility to review and evaluate recommendations of the
committee.

2664. (a) Any diversion evaluation committee established by the
board shall have at least three members. In making appointments to a
diversion evaluation committee, the board shall consider the
appointment of persons who are either recovering from substance abuse
and have been free from substance abuse for at least three years
immediately prior to their appointment or who are knowledgeable in
the treatment and recovery of substance abuse. The board also shall
consider the appointment of a physician and surgeon who is board
certified in psychiatry.
(b) Appointments to a diversion evaluation committee shall be by
the affirmative vote of a majority of members appointed to the board.
Each appointment shall be at the pleasure of the board for a term
not to exceed four years. In its discretion, the board may stagger
the terms of the initial members so appointed.
(c) A majority of the members of a diversion evaluation committee
shall constitute a quorum for the transaction of business. Any action
requires an affirmative vote of a majority of those members present
at a meeting constituting at least a quorum. Each diversion
evaluation committee shall elect from its membership a chairperson
and a vice chairperson. Notwithstanding the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3 of Title 2 of the Government Code), relating to
public meetings, a diversion evaluation committee may convene in
closed session to consider matters relating to any physical therapist
or physical therapist assistant applying for or participating in a
diversion program, and a meeting which will be convened entirely in
closed session need not comply with Section 11125 of the Government
Code. A diversion evaluation committee shall only convene in closed
session to the extent it is necessary to protect the privacy of an
applicant or participant. Each member of a diversion evaluation
committee shall receive a per diem and shall be reimbursed for
expenses as provided in Section 103.

2665. Each diversion evaluation committee has the following duties
and responsibilities:
(a) To evaluate physical therapists and physical therapist
assistants who request participation in the program and to make
recommendations. In making recommendations, the committee shall
consider any recommendations from professional consultants on the
admission of applicants to the diversion program.
(b) To review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the
diversion program may be referred.
(c) To receive and review information concerning physical
therapists and physical therapist assistants participating in the
program.
(d) Calling meetings as necessary to consider the requests of
physical therapists and physical therapist assistants to participate
in the diversion program, to consider reports regarding participants
in the program, and to consider any other matters referred to it by
the board.
(e) To consider whether each participant in the diversion program
may with safety continue or resume the practice of physical therapy.
(f) To set forth in writing the terms and conditions of the
diversion agreement that is approved by the program manager for each
physical therapist and physical therapist assistant participating in
the program, including treatment, supervision, and monitoring
requirements.
(g) Holding a general meeting at least twice a year, which shall
be open and public, to evaluate the diversion program's progress, to
prepare reports to be submitted to the board, and to suggest
proposals for changes in the diversion program.
(h) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any member of a diversion
evaluation committee shall be considered a public employee. No board
or diversion evaluation committee member, contractor, or agent
thereof, shall be liable for any civil damage because of acts or
omissions which may occur while acting in good faith in a program
established pursuant to this article.

2666. (a) Criteria for acceptance into the diversion program shall
include all of the following:
(1) The applicant shall be licensed as a physical therapist or
approved as a physical therapist assistant by the board and shall be
a resident of California.
(2) The applicant shall be found to abuse dangerous drugs or
alcoholic beverages in a manner which may affect his or her ability
to practice physical therapy safely or competently.
(3) The applicant shall have voluntarily requested admission to
the program or shall be accepted into the program in accordance with
terms and conditions resulting from a disciplinary action.
(4) The applicant shall agree to undertake any medical or
psychiatric examination ordered to evaluate the applicant for
participation in the program.
(5) The applicant shall cooperate with the program by providing
medical information, disclosure authorizations, and releases of
liability as may be necessary for participation in the program.
(6) The applicant shall agree in writing to cooperate with all
elements of the treatment program designed for him or her.
Any applicant may be denied participation in the program if the
board, the program manager, or a diversion evaluation committee
determines that the applicant will not substantially benefit from
participation in the program or that the applicant's participation in
the program creates too great a risk to the public health, safety,
or welfare.
(b) A participant may be terminated from the program for any of
the following reasons:
(1) The participant has successfully completed the treatment
program.
(2) The participant has failed to comply with the treatment
program designated for him or her.
(3) The participant fails to meet any of the criteria set forth in
subdivision (a) or (c).
(4) It is determined that the participant has not substantially
benefited from participation in the program or that his or her
continued participation in the program creates too great a risk to
the public health, safety, or welfare. Whenever an applicant is
denied participation in the program or a participant is terminated
from the program for any reason other than the successful completion
of the program, and it is determined that the continued practice of
physical therapy by that individual creates too great a risk to the
public health, safety, and welfare, that fact shall be reported to
the executive officer of the board and all documents and information
pertaining to and supporting that conclusion shall be provided to the
executive officer. The matter may be referred for investigation and
disciplinary action by the board. Each physical therapist or physical
therapy assistant who requests participation in a diversion program
shall agree to cooperate with the recovery program designed for him
or her. Any failure to comply with that program may result in
termination of participation in the program.
The diversion evaluation committee shall inform each participant
in the program of the procedures followed in the program, of the
rights and responsibilities of a physical therapist or physical
therapist assistant in the program, and the possible results of
noncompliance with the program.
(c) In addition to the criteria and causes set forth in
subdivision (a), the board may set forth in its regulations
additional criteria for admission to the program or causes for
termination from the program.

2667. All board and diversion evaluation committee records and
records of proceedings and participation of a physical therapist or
physical therapist assistant in a program shall be confidential and
are not subject to discovery or subpoena.

2668. (a) A fee to cover the actual cost of administering the
program shall be charged for participation in the program. If the
board contracts with any other entity to carry out this article, at
the discretion of the board, the fee may be collected and retained by
that entity.
(b) If the board contracts with any other entity to carry out this
section, the executive officer of the board, or his or her designee,
shall review the activities and performance of the contractor on a
biennial basis. As part of this review, the board shall review files
of participants in the program. However, the names of participants
who entered the program voluntarily shall remain confidential, except
when the review reveals misdiagnosis, case mismanagement, or
noncompliance by the participant.
(c) Subdivision (a) shall apply to all new participants entering
into the board's diversion program on or after January 1, 2007.
Subdivision (a) shall apply on and after January 1, 2008, to
participants currently enrolled as of December 31, 2007.

2669. Participation in a diversion program shall not be a defense
to any disciplinary action which may be taken by the board. This
section does not preclude the board from commencing disciplinary
action against a physical therapist or physical therapist assistant
who is terminated unsuccessfully from the program under this section.
That disciplinary action may not include as evidence any
confidential information.