By Steven Soldani
At its May 24, 2024 meeting, the Medical Board of California (MBC) heard from professionals in Washington and Georgia on best practices for the Board’s proposed Physician and Surgeon Health and Wellness Program (PSHWP). MBC gave notice of its plan to complete the rulemaking process on September 21, 2023, though the program was first authorized in 2016 by SB 1177 (Galgiani) (Chapter 591, Statutes of 2016).[see 29:2 CRLR 12-13]
Originally noticed September 21, 2023, according to the Statement of Reasons, the action would amend various sections of the California Code of Regulations (CCR) to establish the PSHWP. In its Initial Statement of Reasons the Board anticipated that the program “will provide for the early identification of licensees with substance abuse issues, and appropriate intervention and monitoring, consistent with the Uniform Standards, to support licensees in their rehabilitation from substance abuse to ensure they remain able to practice medicine safely.” The Uniform Standards refer to standards established by SB 1441 (Ridley-Thomas) (Chapter 548, Statutes of 2008), and most recently updated in 2019. Any program regarding substance-abusing licensees within DCA must adhere to the Uniform Standards. At its March 2024 quarterly meeting, the Board voted to table the rulemaking until May in order to obtain more information on best practices for physician health programs.
At its May 2024 meeting, the Board heard presentations from Christopher Bundy, executive medical director of the Washington Physician Health Program, and Paul Early, President of the Georgia Professionals Health Program Inc. Mr. Bundy and Mr. Early discussed elements of successful physician wellness programs. During the public comment period, representatives from the California Public Protection & Physician Health Inc., California Medical Association, and California State Association of Psychiatrists spoke in support of the program and encouraged the Board to move forward.
CPPC has a history of collaborative oversight with MBC regarding such programs. CPPC submitted a written public comment in November 2023 on the PSHWP rulemaking. CPPC also spoke during the public comment period at the March 2024 meeting, highlighting inconsistencies with the mandatory Uniform Standards. During the public comment period at the May meeting, CPPC emphasized the fact that Washington and Georgia had independent entities to oversee their physician health programs and encouraged the Board to further abandon the rulemaking in consideration of Mr. Bundy and Mr. Early’s presentations.
The Board voted to withdraw the rulemaking and to work with stakeholders to develop proposed language for a legislative fix. MBC discussed a new pathway to a PSHWP program at an interested parties meeting on October 24, 2024, and will be discussed further at the Board meeting on November 21–22, 2024.