2009 California Business and Professions Code - Section 3534-3534.10 :: Article 6.5. Diversion Of Impaired Physician Assistants

3534.  (a) It is the intent of the Legislature that the examining
committee shall seek ways and means to identify and rehabilitate
physician 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 medicine in a manner which will not endanger the
public health and safety.

3534.1.  The examining committee shall establish and administer a
diversion program for the rehabilitation of physician assistants
whose competency is impaired due to the abuse of drugs or alcohol.
The examining committee may contract with any other state agency or a
private organization to perform its duties under this article. The
examining committee may establish one or more diversion evaluation
committees to assist it in carrying out its duties under this
article. As used in this article, "committee" means a diversion
evaluation committee. A committee created under this article operates
under the direction of the diversion program manager, as designated
by the executive officer of the examining committee. The program
manager has the primary responsibility to review and evaluate
recommendations of the committee.

3534.2.  (a) Any committee established by the examining committee
shall have at least three members. In making appointments to a
committee the examining committee shall consider the appointments of
persons who are either recovering of substance abuse and have been
free from abuse for at least three years immediately prior to their
appointment or who are knowledgeable in the treatment and recovery of
substance abuse. The examining committee also shall consider the
appointment of a physician and surgeon who is board certified in
psychiatry.
   (b) Appointments to a committee shall be by the affirmative vote
of a majority of members appointed to the examining committee. Each
appointment shall be at the pleasure of the examining committee for a
term not to exceed four years. In its discretion, the examining
committee may stagger the terms of the initial members so appointed.
   (c) A majority of the members of a 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 committee shall elect from its
membership a chairperson and a vice chairperson. Notwithstanding
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 committee may convene in closed session to consider
matters relating to any physician 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 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 committee shall
receive a per diem and shall be reimbursed for expenses as provided
in Section 103.

3534.3.  Each committee has the following duties and
responsibilities:
   (a) To evaluate physician assistants who request participation in
the program and to make recommendations to the program manager. In
making recommendations, a committee shall consider any
recommendations from professional consultants on the admission of
applicants to the diversion program.
   (b) To review and designate treatment facilities to which
physician assistants in the diversion program may be referred, and to
make recommendations to the program manager.
   (c) The receipt and review of information concerning physician
assistants participating in the program.
   (d) To call meetings as necessary to consider the requests of
physician 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 examining committee.
   (e) To consider whether each participant in the diversion program
may with safety continue or resume the practice of medicine.
    (f) To set forth in writing the terms and conditions of the
diversion agreement that is approved by the program manager for each
physician assistant participating in the program, including
treatment, supervision, and monitoring requirements.
   (g) To hold 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 examining committee, 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 committee shall
be considered a public employee. No examining committee or 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.

3534.4.  Criteria for acceptance into the diversion program shall
include all of the following: (a) the applicant shall be licensed as
a physician assistant by the examining committee and shall be a
resident of California; (b) the applicant shall be found to abuse
dangerous drugs or alcoholic beverages in a manner which may affect
his or her ability to practice medicine safely or competently; (c)
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; (d) the
applicant shall agree to undertake any medical or psychiatric
examination ordered to evaluate the applicant for participation in
the program; (e) 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; and (f) the applicant shall agree in writing to cooperate
with all elements of the treatment program designed for him or her.
   An applicant may be denied participation in the program if the
examining committee, the program manager, or a 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.

3534.5.  A participant may be terminated from the program for any of
the following reasons: (a) the participant has successfully
completed the treatment program; (b) the participant has failed to
comply with the treatment program designated for him or her; (c) the
participant fails to meet any of the criteria set forth in
subdivision (d); or (d) 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 medicine by that individual creates too great a risk to
the public health and safety, that fact shall be reported to the
executive officer of the examining committee 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 examining committee.
Each physician 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 examination committee shall inform each participant in the
program of the procedures followed in the program, of the rights and
responsibilities of a physician assistant in the program, and the
possible results of noncompliance with the program.

3534.6.  In addition to the criteria and causes set forth in Section
3534.4, the examining committee may set forth in its regulations
additional criteria for admission to the program or causes for
termination from the program.

3534.7.  All examining committee and committee records and records
of proceedings and participation of a physician assistant in a
program shall be confidential and are not subject to discovery or
subpoena.

3534.8.  A fee may be charged for participation in the program.

3534.9.  If the examining committee contracts with any other entity
to carry out this section, the executive officer of the examining
committee or the program manager shall review the activities and
performance of the contractor on a biennial basis. As part of this
review, the examining committee 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.

3534.10.  Participation in a diversion program shall not be a
defense to any disciplinary action which may be taken by the
examining committee. This section does not preclude the examining
committee from commencing disciplinary action against a physician
assistant who is terminated unsuccessfully from the program under
this section. That disciplinary action may not include as evidence
any confidential information.