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Board secures author for physician health and wellness bill; advocates and some board members disagree on stakeholder outreach
Summary
The Medical Board of California secured Assemblymember Mark Berman as author for a physician health and wellness bill (AB 408) intended to identify and treat impaired physicians earlier, and the announcement prompted sharp disagreement between board leaders and patient advocates over whether the public had been adequately consulted.
The Medical Board of California announced at its quarterly meeting that Assemblymember Mark Berman has agreed to author legislation to create a physician health and wellness program, currently filed as spot bill AB 408. Board staff said the bill will be amended to reflect the board’s policy direction and that President Christina Lawson and Vice President Dr. Helzer have delegated authority to work with the author's office on the bill text.
Erin Bone, legislative staff, said the board has met with multiple interested organizations since the November meeting and expects a more active legislative calendar in May. Bone said staff will continue stakeholder meetings and work with the author’s office on amendments.
President Christina Lawson framed the bill as an effort to protect patients by identifying physicians with impairment early and connecting them to treatment before harm occurs. "The purpose of the physician health and wellness program is patient protection," Lawson said during the meeting, emphasizing outreach and multiple public meetings the board has held over the previous 12 months on the topic.
Public commenters and several advocacy organizations disputed that characterization and said they had been insufficiently consulted. Multiple callers from Consumer Watchdog and other patient-advocate groups criticized a consultant who addressed the board at an earlier meeting and said the board had not offered a public stakeholder meeting with sufficient time for advocates to provide detailed input. Advocates urged in-person public stakeholder meetings and said they will continue to press for changes and transparency.
The California Medical Association gave a brief in-person statement of support. Lucas Evenson of CMA said the organization “appreciates the work done by board staff to secure an author for the Physician Health and Wellness Program legislation” and that CMA will continue to engage with the board and legislature.
Board members debated the best next steps. Some members, including Dr. Thorpe and others, said prevention and early identification of impaired physicians are primary goals and that the board had held multiple public meetings in different regions in the prior year. Other members and public participants asked the board to host an additional public stakeholder meeting focused on the draft legislative language. No final policy text was adopted at the meeting; staff were authorized to continue negotiations with the author and stakeholders.
