By Gurajpal Sangha, ABC10
SACRAMENTO, Calif. — California lawmakers are weighing a bill that would allow doctors to seek confidential treatment for substance use or mental health issues before they put patients at risk. It’s a proposal supporters call compassionate, but critics warn could endanger public safety.
Assembly Bill 408, introduced by Assemblymember Marc Berman (D-Menlo Park), seeks to re-establish and expand a former physician support program that was shut down in 2008 over oversight failures. The new version would include medical residents and include what backers say are stronger safeguards.
“Let’s help them get that help that they need before they harm patients,” Berman said. He emphasized that the bill does not apply to physicians who have already harmed a patient or engaged in sexual misconduct. “If a medical professional harms a patient, this program does not apply to them,” he said.
Under AB 408, doctors could enroll in a confidential treatment program without facing public discipline, unless a patient is harmed. Supporters, including the California Medical Associationand the Medical Board of California, argue the bill prioritizes early intervention and rehabilitation in a way that ultimately protects patients.
“Patients and physicians deserve a program that will help physicians before they become a problem,” said Alecia Sanchez of the California Medical Association.
The proposed system would avoid creating a public record unless misconduct occurs. Berman defended the confidentiality provision, arguing it encourages doctors to seek help early.
“If we are going to publicly shame that doctor before they have harmed anybody, that is going to discourage and disincentivize them to get that treatment,” he said. “They are human just like you and me, and they have struggles just like you and me.”
But not everyone is convinced. Critics point to the state’s previous attempt at a similar program, which was closed in 2008 after multiple cases of misconduct surfaced.
Tina Minasian, a patient advocate and survivor of a botched surgery, still lives with the consequences.
“I’m OK with doctors getting help,” she said, “but do not practice while you’re trying to get help, ’cause it doesn’t work.” Minasian said the surgeon who operated on her had failed out of the previous diversion program twice. “And they still didn’t take his license,” she said.
Consumer advocates, including the nonprofit Consumer Watchdog, argue the bill doesn’t go far enough to ensure accountability. She believes history will repeat itself.
“Doctors were avoiding drug tests; they were being tipped off often in advance,” said Carmen Balber, the group’s executive director. “Failed tests never got reported back to the board.”
Balber also raised concerns about the bill’s confidentiality, asking, “If your surgeon is in treatment and relapses, wouldn’t you want to know about that relapse? I think there’s only one answer to that question.”
Supporters of AB 408 maintain that the revamped program will have stricter eligibility, expert oversight and enhanced monitoring mechanisms that did not exist in the now-defunct program.
“Since then, we have learned a lot about substance use disorder,” Berman said.
AB 408 passed the Assembly last month and is now under consideration in the Senate. If approved, it will go to Governor Gavin Newsom for a signature before it can become law.
