Proposed Bill Would Allow Doctors Who Fail Drug Tests to Keep Practicing Without Discipline, Disclosure

A proposed California law would let doctors with substance abuse issues avoid public discipline by entering a confidential diversion program — raising concerns about patient safety, failed oversight, and the potential for impaired physicians to continue practicing in secret.

As East Bay Times reports, Assembly Bill 408 (AB 408) would allow physicians to undergo treatment overseen by the Medical Board of California without triggering public disciplinary proceedings or notifying the Board’s enforcement division. That means a doctor could fail drug tests, relapse, or even be impaired on the job while still treating patients — without the public ever knowing.

Opponents argue the bill prioritizes physician rehabilitation over public protection and revives a failed system. The Medical Board’s previous confidential diversion program was dismantled in 2008 after five critical state audits and multiple cases of patient harm. According to Consumer Watchdog, “The idea that a confidential program will encourage voluntary participation is a myth. Over its three-decade history, the Medical Board’s Diversion Program was never successful in enticing self-referrals into voluntary treatment.”…

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