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AB 408 would let Medical Board contract for confidential physician health program; bill draws mixed support and opposition
Summary
Assemblymember Marc Berman told the committee AB 408 would authorize the Medical Board of California to contract for a confidential physician health and wellness program to encourage early treatment and monitoring of clinicians with impairing health conditions.
Assemblymember Marc Berman presented AB 408, which would authorize the Medical Board of California to establish a physician health and wellness program that prioritizes early intervention for clinicians with health conditions that may impair practice. Berman and the Medical Board’s executive director said other states’ programs show early detection, evaluation, treatment and monitoring reduce risk to patients and rehabilitate clinicians, and that California has lacked such a program for roughly 18 years.
The California Medical Association and a broad coalition of physician and health‑care organizations testified in favor, saying the confidential program would help physicians seek care without fear of immediate disciplinary consequence. CMA President Dr. Shannon Utovic Constant said such programs are proven effective and are consistent with Federation of State Medical Boards guidance. The Medical Board’s director said the program would be overseen by the board but operated under contract with external experts; legislation includes guardrails and disciplinary remedies for noncompliance.
Opposition came from the Consumer Protection Policy Center at USD School of Law and a survivor who testified she had been harmed by a doctor who had an alcohol problem while in the board’s previous diversion program. Opponents cited the board’s prior audits and oversight issues, staffing vacancies, and concerns that the board lacks the resources and prior program oversight to safely run a new program; they urged enforcement improvements and alternate structures (for example, court‑supervised diversion). Several senators expressed sympathy for both views — support for physician recovery and strong caveats about oversight, governance and funding. The author said he would continue stakeholder engagement; the committee recorded a vote to pass AB 408 to Judiciary subject to further discussions. The transcript records multiple concerns about the board’s historical staffing and budget constraints.
