A proposed California law would let doctors with substance abuse issues avoid public discipline by entering a confidential diversion program — raising concerns about patient safety, failed oversight, and the potential for impaired physicians to continue practicing in secret.
As East Bay Times reports, Assembly Bill 408 (AB 408) would allow physicians to undergo treatment overseen by the Medical Board of California without triggering public disciplinary proceedings or notifying the Board’s enforcement division. That means a doctor could fail drug tests, relapse, or even be impaired on the job while still treating patients — without the public ever knowing.
Opponents argue the bill prioritizes physician rehabilitation over public protection and revives a failed system. The Medical Board’s previous confidential diversion program was dismantled in 2008 after five critical state audits and multiple cases of patient harm. According to Consumer Watchdog, “The idea that a confidential program will encourage voluntary participation is a myth. Over its three-decade history, the Medical Board’s Diversion Program was never successful in enticing self-referrals into voluntary treatment.”
“I lost everything when I was harmed,” said Tina Minasian, a patient advocate injured by a substance-abusing surgeon in the old program, as reported by PR Newswire. “We gained too many protections in the past fifteen years to give them up.”
Consumer Watchdog, the Consumer Protection Policy Center at the USD School of Law, and others say AB 408 sidesteps current oversight laws and removes consequences for doctors who relapse or violate the program. As CPPC put it, “Time and resources dedicated to a physician rehabilitation program would be designed to benefit physicians first, with the protection of the public only being an auxiliary side-effect.”
Supporters, including Assemblymember Marc Berman (D-Menlo Park), argue the bill encourages doctors to seek help before their issues endanger patients. “Physicians struggling with substance use disorders can feel pressure to hide their condition and often never get the help they need,” Berman said.
But critics warn that AB 408 would allow impaired doctors to quietly return to practice. “That means patients will be harmed by doctors who relapse, just as they were in the last program,” said Carmen Balber of Consumer Watchdog.
One example often cited is a San Francisco doctor suspected of stealing drugs was found passed out in an operating room before assisting with a toddler’s surgery. Under AB 408, such cases could be diverted into confidential treatment with no investigation or consequences.
The bill echoes the recent expansion of a military diversion program law that’s now being used to shield some law enforcement officers from prosecution for violent crimes, as covered by SFist. AB 408 has already passed the Assembly and is now under Senate consideration.
Image: Riza Azhari/Getty Images
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