2010 California Code
Business and Professions Code
Article 3.6. Uniform Standards Regarding Substance-abusing Healing Arts Licensees

BUSINESS AND PROFESSIONS CODE
SECTION 315-315.4



315.  (a) For the purpose of determining uniform standards that will
be used by healing arts boards in dealing with substance-abusing
licensees, there is established in the Department of Consumer Affairs
the Substance Abuse Coordination Committee. The committee shall be
comprised of the executive officers of the department's healing arts
boards established pursuant to Division 2 (commencing with Section
500), the State Board of Chiropractic Examiners, the Osteopathic
Medical Board of California, and a designee of the State Department
of Alcohol and Drug Programs. The Director of Consumer Affairs shall
chair the committee and may invite individuals or stakeholders who
have particular expertise in the area of substance abuse to advise
the committee.
   (b) The committee shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Division 3
of Title 2 of the Government Code).
   (c) By January 1, 2010, the committee shall formulate uniform and
specific standards in each of the following areas that each healing
arts board shall use in dealing with substance-abusing licensees,
whether or not a board chooses to have a formal diversion program:
   (1) Specific requirements for a clinical diagnostic evaluation of
the licensee, including, but not limited to, required qualifications
for the providers evaluating the licensee.
   (2) Specific requirements for the temporary removal of the
licensee from practice, in order to enable the licensee to undergo
the clinical diagnostic evaluation described in paragraph (1) and any
treatment recommended by the evaluator described in paragraph (1)
and approved by the board, and specific criteria that the licensee
must meet before being permitted to return to practice on a full-time
or part-time basis.
   (3) Specific requirements that govern the ability of the licensing
board to communicate with the licensee's employer about the licensee'
s status and condition.
   (4) Standards governing all aspects of required testing,
including, but not limited to, frequency of testing, randomness,
method of notice to the licensee, number of hours between the
provision of notice and the test, standards for specimen collectors,
procedures used by specimen collectors, the permissible locations of
testing, whether the collection process must be observed by the
collector, backup testing requirements when the licensee is on
vacation or otherwise unavailable for local testing, requirements for
the laboratory that analyzes the specimens, and the required maximum
timeframe from the test to the receipt of the result of the test.
   (5) Standards governing all aspects of group meeting attendance
requirements, including, but not limited to, required qualifications
for group meeting facilitators, frequency of required meeting
attendance, and methods of documenting and reporting attendance or
nonattendance by licensees.
   (6) Standards used in determining whether inpatient, outpatient,
or other type of treatment is necessary.
   (7) Worksite monitoring requirements and standards, including, but
not limited to, required qualifications of worksite monitors,
required methods of monitoring by worksite monitors, and required
reporting by worksite monitors.
   (8) Procedures to be followed when a licensee tests positive for a
banned substance.
   (9) Procedures to be followed when a licensee is confirmed to have
ingested a banned substance.
   (10) Specific consequences for major violations and minor
violations. In particular, the committee shall consider the use of a
"deferred prosecution" stipulation similar to the stipulation
described in Section 1000 of the Penal Code, in which the licensee
admits to self-abuse of drugs or alcohol and surrenders his or her
license. That agreement is deferred by the agency unless or until the
licensee commits a major violation, in which case it is revived and
the license is surrendered.
   (11) Criteria that a licensee must meet in order to petition for
return to practice on a full-time basis.
   (12) Criteria that a licensee must meet in order to petition for
reinstatement of a full and unrestricted license.
   (13) If a board uses a private-sector vendor that provides
diversion services, standards for immediate reporting by the vendor
to the board of any and all noncompliance with any term of the
diversion contract or probation; standards for the vendor's approval
process for providers or contractors that provide diversion services,
including, but not limited to, specimen collectors, group meeting
facilitators, and worksite monitors; standards requiring the vendor
to disapprove and discontinue the use of providers or contractors
that fail to provide effective or timely diversion services; and
standards for a licensee's termination from the program and referral
to enforcement.
   (14) If a board uses a private-sector vendor that provides
diversion services, the extent to which licensee participation in
that program shall be kept confidential from the public.
   (15) If a board uses a private-sector vendor that provides
diversion services, a schedule for external independent audits of the
vendor's performance in adhering to the standards adopted by the
committee.
   (16) Measurable criteria and standards to determine whether each
board's method of dealing with substance-abusing licensees protects
patients from harm and is effective in assisting its licensees in
recovering from substance abuse in the long term.



315.2.  (a) A board, as described in Section 315, shall order a
licensee of the board to cease practice if the licensee tests
positive for any substance that is prohibited under the terms of the
licensee's probation or diversion program.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) This section shall have no effect on the Board of Registered
Nursing pursuant to Article 3.1 (commencing with Section 2770) of
Chapter 6 of Division 2.



315.4.  (a) A board, as described in Section 315, may adopt
regulations authorizing the board to order a licensee on probation or
in a diversion program to cease practice for major violations and
when the board orders a licensee to undergo a clinical diagnostic
evaluation pursuant to the uniform and specific standards adopted and
authorized under Section 315.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) This section shall have no effect on the Board of Registered
Nursing pursuant to Article 3.1 (commencing with Section 2770) of
Chapter 6 of Division 2.


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