(a) The Board shall report the following information on a yearly basis to the Department of Consumer Affairs and the Legislature as it relates to licensees with substance abuse problems who are on probation:
(1) Number of probationers whose conduct was related to a substance abuse problem;
(2) Number of relapses (break in sobriety);
(3) Number of cease-practice orders;
(4) Number of suspensions;
(5) Number of major violations; nature of violation and action taken;
(6) Number of petitions to revoke probation filed; and
(7) Number of licensees who successfully completed probation.
(b) For each reporting category described in subsection (a), the Board shall identify the licensing category and the specific substance abuse problem (i.e., cocaine, alcohol, Demerol, etc.).
(c) If the reporting data indicates that licensees in specific licensing categories or with specific substance abuse problems have either a higher or lower probability of success, that information shall be taken into account when determining the success of terms and conditions of probation. The information may also be used to determine the risk factor when the Board is determining whether a license should be revoked or placed on probation.
(d) The Board shall use the following criteria to determine if its terms and conditions of probation protect patients from harm and are effective in assisting its licensees in recovering from substance abuse problems in the long term:
(1) One hundred percent of licensees whose licenses were placed on probation as a result of a substance abuse problem successfully completed probation, or had their licenses to practice revoked or surrendered on a timely basis based on noncompliance with terms and conditions of probation.
(2) At least 75 percent of licensees who successfully completed probation did not have any substantiated complaints related to substance abuse for at least five (5) years after completion.
(e) For purposes of measuring outcomes and effectiveness relating to biological fluid testing as described in section 1361.5(c)(3), the Board shall collect and report historical data (as available) and post-implementation data as follows:
(1) Historical Data. The Board should collect the following historical data (as available) for a period of two years prior to implementation of the Uniform Standards for Substance-Abusing Licensees, for each person subject to testing for banned substances, who has done any of the following:
(A) Tested positive for a banned substance;
(B) Failed to appear or call in for testing on more than three occasions;
(C) Failed to pay testing costs; or
(D) Given a diluted or invalid specimen. (2) Post-Implementation Data -- Three Years
The Board shall collect data annually for a period of three years following implementation of the Uniform Standards for Substance-Abusing Licensees for every licensee subject to testing for banned substances pursuant to section 1361.5(c)(3). The data collected shall be reported to the Department of Consumer Affairs and the Legislature, upon request, and shall include, but may not be limited to:
(A) Licensee identification;
(B) License type;
(C) Probation effective date;
(D) General range of testing frequency for each licensee;
(E) Dates testing requested;
(F) Dates tested;
(G) Identity of the entity that performed each test;
(H) Date(s) licensee tested positive;
(I) Date(s) Board was informed of positive test(s);
(J) Date(s) of questionable tests (e.g. dilute, high levels);
(K) Date(s) Board was notified of questionable test(s);
(L) Identification of substances detected or questionably detected;
(M) Date(s) licensee failed to appear for testing;
(N) Date(s) Board notified of licensee's failure to appear;
(O) Date(s) licensee failed to call in for testing;
(P) Date(s) Board was notified that licensee failed to call in for testing;
(Q) Date(s) licensee failed to pay for testing;
(R) Date(s) licensee was removed/suspended from practice (identify which); and
(S) Final outcome and effective date (if applicable).
Credits
Note: Authority cited: Sections 315, 315.2, 315.4 and 2018, Business and Professions Code. Reference: Sections 315, 315.2 and 315.4, Business and Professions Code.
