California to Implement Tougher Rules for Health Care Workers

Need for Stricter Rules on Drug Abusing Healthcare Workers

The new rules will be put in place to protect the patient (or the “consumer” of healthcare) and is in reaction to an investigation by The Times and ProPublica on the confidential recovery program known as diversion.

Diversion is a program through which professionals avoid discipline by participating in a program of drug tests, close monitoring, and attendance in support group meetings.  The recent Times exposé showed how some registered nurses participating in the program were able to steal drugs and treat patients without permission.  Their investigation also revealed how long it took to file public accusations (a median length of 15 months) after the licensees were labeled “public safety risks”. 

More About the Investigation into the Diversion Program

Audits were performed by a committee created by the Legislature.  The audits discovered that the recovery program for doctors did an inadequate job monitoring their performance in the program.  In addition, it was too lenient on those that relapsed, failing too often in terminating them.  The program was subsequently ended in June of 2008.

California is now taking control of the problem.  They are taking greater responsibility to protect the public by instituting these very strong standards.

New Guidelines

Licensed healthcare professionals who are suspected of drug abuse that may affect the safety of their patients must undergo a clinical evaluation that they pay for out of their own pockets.  While they are in this process, they become placed on inactive status and will not be able to work.  Drug tests will be administered twice a week.  They can return to work once they have at least one full month of negative test results.

Here are more of the new guidelines put into place:

•    Health workers in CA that are in recovery programs will now have to take 104 drug tests per year.  That number is more than double any previous requirement.  After the first year, they will be tested 50 times a year. 
•    After a single positive result from a drug test, heath care workers will be temporarily pulled from practice.
•    Restrictions on licenses will be listed on public sites, nullifying previous confidentiality which shielded information about their abuse from their patients.  Patients, for the first time, will be able to review restrictions placed on those providing them their healthcare.

The timetable for implementation of these new guidelines is currently unknown. 

Criticism of the New Guidelines

Some fear that these stricter rules will keep those who need help from seeking it and force them to try harder in hiding their addictions.  They feel that the new rules will not stop or help those that are abusing substances; rather they will exacerbate their abuse.  Diversion programs worked better in addressing abuse because it encouraged those who needed it to seek help in a safe environment without putting their career at risk. 

If you have a drug addiction, it is not worth losing your career.  Please seek help by calling us at 866-540-5242 before it is too late.

- article by Khoi Nguyen