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FSPHP Leadership Presents in Support of a PHP Model Program Consistent with the FSPHP PHP Guidelines to the California Medical Board

FSPHP Stands in Support of Health Professionals in California:

The FSPHP Past Presidents, Chris Bundy, MD, MPH, Washington Physicians Health Program Executive Medical Director, and Paul H. Earley, MD, DFASAM, Georgia Professionals Program Medical Director were invited to present evidence regarding the efficacy of the FSPHP PHP Model at the May California Medical Board. The invitation followed FSPHP’s submission of Comments in November 2023 to the CA Medical Board expressing concerns for the newly proposed regulation of the Physician and Surgeon Health and Wellness Program coupled with comments regarding problems with the existing Uniform Standards.  Next, FSPHP submitted a statement in March 2024 offering to provide information on the FSPHP PHP Model that exists in 47 other states. The key message is that California is an outlier in its approach by not offering a confidential alternative to discipline separate from the medical board. This discourages those at risk of mental health and substance use disorders from coming forward early, which would result in optimal patient safety. Other concerns with the proposed regulation include overlooked provisions for psychiatric disorders, incorrect projections of the prevalence of those needing help, and a problematic funding model that places the entire financial burden on the participants.

CA Medical Board Withdraws the Proposal for Regulations Based on Uniform Standards:

Following the presentations, the Medical Board of California voted to take a new and different approach to establishing a Physician Health Program for California. At its meeting on May 24, 2024, the Board decided to withdraw the proposed regulations that were based on the Uniform Standards and prepare a proposal for new legislation that would allow a program aligned with national best practices. That action addresses the core obstacle that has prevented the Board from taking the necessary steps to establish a Physician Health Program for California.

The discussion among Board members made it clear that they wanted a state-of-the-art program that attracted self-referrals and fostered early intervention. They decided that there was only one way to achieve such a program: change the authorizing legislation. Thus, they voted to withdraw the proposed regulations and start anew.

Dr. Bundy shared to the FSPHP members that “The Medical Board of California made a momentous decision and voted unanimously to withdraw the rulemaking that would have led to a terrible solution for California physicians and affirmed its commitment to work with CA stakeholders to develop a model PHP that aligns with the Federation of Physician Health Programs best practices. The road ahead will no doubt be long and arduous, but at least we have newfound hope.”

 Dr. Earley’s key concepts were:

  • Physicians are human beings that develop illnesses like everyone else.
  • Most physicians who become ill are not impaired.
  • Interceding early when a physician develops an illness prevents impairment.
  • Physicians are safety-sensitive workers.
  • Physician Health Programs know how to balance the needs of ill physicians and public safety.
  • Research and best practices for Physician Health Programs are well-known and promoted by the FSPHP.
  • The best way of ensuring public safety is an independent PHP, with evolving trust of the California Medical Board

On May 24, the MBC staff with Staff Counsel, Kerrie Webb, prepared and distributed a chart showing the  Best Practices for Physician Health Programs Compared to California's Proposed Physician Health and Wellness Program" demonstrating the areas in which the proposed regulations do not meet best practices. The source of this information includes the  Federation of State Medical Board Policy on Physician Illness, and Impairment of 2021; the American Medical Association Model Language for Physician Health Programs American Medical Association Model Language for Physician Health Programs  and input from the Federation of State Physician Health Programs experts and policy.