Cal. Code Regs. Tit. 16, § 1361.51 - Results of Biological Fluid Tests of Substance-Abusing Licensees
(a) If the results
of a biological fluid test indicate that a licensee has used, consumed,
ingested, or administered to himself or herself a prohibited substance, the
Board shall order the licensee to cease practice and instruct the licensee to
leave any place of work where he or she is practicing medicine or providing
medical services. The Board shall also immediately notify all of the licensee's
employers, and supervisors as defined under section
1361.5(c)(2), if
any, and work site monitor, if any, that the licensee may not provide medical
services or practice medicine while the cease-practice order is in
effect.
(b) A biological fluid test
will not be considered negative if a positive result is obtained while
practicing, even if the practitioner holds a valid prescription for the
substance.
(c) After the issuance
of a cease-practice order, the Board shall determine whether the positive
biological fluid test is in fact evidence of prohibited substance use by
consulting with the specimen collector and the laboratory, communicating with
the licensee, his or her treating physician(s), other health care provider, or
group facilitator, as applicable.
(d) If no prohibited substance use exists,
the Board shall lift the cease-practice order within one (1) business
day.
(e) For the purposes of this
Article, "prohibited substance" means an illegal drug; a lawful drug not
prescribed or ordered by an appropriately licensed health care provider for use
by the licensee and approved by the Board; alcohol; or other substance the
licensee has been instructed by the Board not to use, consume, ingest, or
administer to himself or herself.
(f) If the Board confirms that a positive
biological fluid test is evidence of use of a prohibited substance, the
licensee has committed a major violation, as defined in section
1361.52, and the Board shall
impose any or all of the consequences set forth in section
1361.52, in addition to any other
terms or conditions the Board determines are necessary for public protection or
to enhance the rehabilitation of the licensee.
Notes
Note: Authority cited: Sections 315, 315.2, 315.4 and 2018, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 2227, 2228, 2229 and 2234, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.