Board advances draft physician health and wellness bill (AB 408); patient advocates press for broader stakeholder process

The Medical Board of California reported that Assembly Member Mark Berman has agreed to author legislation to create a physician health and wellness program that board leaders say aims to identify and treat clinicians at risk of impairment before patient harm occurs.

Erin Bone, the board’s legislative lead, told members the board had been working rapidly since the November meeting to find an author and that the spot bill AB 408 had been drafted for legislative introduction. The staff presentation said the bill is a spot bill at this stage; staff will work with the author’s office and with board leadership to amend the language to reflect the board’s policy direction. Members were reminded that the legislative process offers multiple, public committee hearings and that the board would continue outreach with stakeholders.

Public commenters — including multiple members of consumer and patient‑safety groups — expressed deep concern about the proposed program. Speakers told the board they opposed language that they said would roll back existing patient protections, decline to follow uniform standards, or shift too much responsibility to patients and members of the public to identify impaired practitioners. Several commenters said the board had not given advocates adequate time to review and comment and criticized a consultant who had spoken at the November meeting for characterizing advocates’ contributions as immaterial. Consumer Watchdog and other advocates urged the board to hold an additional, formal stakeholder meeting with extended time for public input before pursuing legislation.

Board President Christina Lawson and Vice President Doctor Helzer responded by summarizing outreach that had already occurred: the board held at least one public interested‑parties/stakeholder meeting in October 2024, a public discussion in May 2024 and November 2024, and had conducted targeted outreach since November. Lawson said the board had taken “delegated authority” to work with staff and the author to move the draft bill forward and encouraged advocates to meet directly with board members and staff. Members of the board reiterated that the stated purpose of the program is patient protection through early identification and treatment of clinicians who pose an impairment risk.

The item produced sustained public testimony and discussion. No formal board vote was taken on the bill at the meeting; the board directed staff to continue stakeholder outreach, to work with the author’s office on amended language, and to return with proposed language and an updated outreach plan at subsequent meetings.