California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.5 - Uniform Standards for Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the licensee is to be disciplined for
				  unprofessional conduct involving the use of illegal drugs, the abuse of drugs
				  and/or alcohol, or the use of another prohibited substance as defined herein,
				  the licensee shall be presumed to be a substance-abusing licensee for purposes
				  of section
				  315 of the Code.
(b) Nothing in this section shall prohibit
				  the Board from imposing additional terms or conditions of probation that are
				  specific to a particular case or that are derived from the Board's disciplinary
				  guidelines referenced in section
				  1361 that the Board determines is
				  necessary for public protection or to enhance the rehabilitation of the
				  licensee.
(c) The following
				  probationary terms and conditions shall be used without deviation in the case
				  of a substance-abusing licensee:
(1) Clinical
				  Diagnostic Evaluations and Reports; Temporary Removal From Practice.
(A) If the Board orders a licensee who is on
				  probation due to a substance abuse problem to undergo a clinical diagnostic
				  evaluation, the following applies:
1. The
				  clinical diagnostic evaluation shall be conducted by a licensed physician and
				  surgeon who holds a valid, unrestricted license; has three (3) years'
				  experience in providing evaluations of physicians and surgeons with substance
				  abuse disorders; and is approved by the Board.
2. The clinical diagnostic evaluation shall
				  be conducted in accordance with acceptable professional standards for
				  conducting substance abuse clinical diagnostic evaluations.
3. The evaluator shall not have a current or
				  former financial, personal, or business relationship with the licensee within
				  the last five (5) years. The evaluator shall provide an objective, unbiased,
				  and independent evaluation.
4. The
				  clinical diagnostic evaluation report shall set forth, in the evaluator's
				  opinion, whether the licensee has a substance abuse problem; whether the
				  licensee is a threat to himself or herself or others; and recommendations for
				  substance abuse treatment, practice restrictions, or other recommendations
				  related to the licensee's rehabilitation and ability to practice safely. If the
				  evaluator determines during the evaluation process that a licensee is a threat
				  to himself or herself or others, the evaluator shall notify the Board within 24
				  hours of such a determination.
5.
				  In formulating his or her opinion as to whether the licensee is safe to return
				  to either part-time or full-time practice and what restrictions or
				  recommendations should be imposed, including participation in an inpatient or
				  outpatient treatment program, the evaluator shall consider the following
				  factors:
a. License type;
b. Licensee's history;
c. Documented length of sobriety/time that
				  has elapsed since substance use;
d.
				  Scope and pattern of substance abuse;
e. Treatment history;
f. Medical history;
g. Current medical condition;
h. Nature, duration, and severity of
				  substance abuse problem; and
i.
				  Whether the licensee is a threat to himself or herself or the
				  public.
6. The cost of an
				  evaluation shall be borne by the licensee.
7. For all evaluations, a final written
				  report shall be provided to the Board no later than ten (10) days from the date
				  the evaluator is assigned the matter. If the evaluator requests additional
				  information or time to complete the evaluation and report, an extension may be
				  granted, but shall not exceed 30 days from the date the evaluator was
				  originally assigned the matter.