Section 2006.51 - Clinical Diagnostic Evaluations for Substance-Abusing Licensees(a) If the Board orders a licensee who is either in a wellness program or whose license is on probation due to a substance abuse problem to undergo a clinical diagnostic evaluation, then the following apply: (1) The clinical diagnostic evaluation shall be conducted by a licensed practitioner who holds a valid, unrestricted license, has three (3) years' experience in providing evaluations of health care professionals with substance abuse disorders, and is approved by the Board.(2) The clinical diagnostic evaluation shall be conducted in accordance with acceptable professional standards for conducting substance abuse clinical diagnostic evaluations.(3) The evaluator shall not have a current or former financial, personal, or business relationship with the licensee within the last five (5) years. The evaluator shall provide an objective, unbiased, and independent evaluation.(4) The clinical diagnostic evaluation report shall set forth, in the evaluator's opinion, whether the licensee has a substance abuse problem; whether the licensee is a threat to themself or others; and recommendations for substance abuse treatment, practice restrictions, or other recommendations related to the licensee's rehabilitation and ability to practice safely. If the evaluator determines during the evaluation process that a licensee is a threat to themself or others, the evaluator shall notify the Board within twenty-four (24) hours of such a determination.(5) In formulating an opinion as to whether the licensee is safe to return to either part-time or full-time practice and what restrictions or recommendations may be imposed, including participation in an inpatient or outpatient treatment program, the evaluator shall consider the following factors: (C) Documented length of sobriety/time that has elapsed since substance use;(D) Scope and pattern of substance abuse;(G) Current medical condition;(H) Nature, duration, and severity of substance abuse problem; and(I) Whether the licensee is a threat to themself or the public.(6) The cost of an evaluation shall be borne by the licensee.(7) For all evaluations, a final written report shall be provided to the Board no later than ten (10) days from the date the evaluator is assigned the matter. If the evaluator requests additional information or time to complete the evaluation and report, an extension may be granted, but shall not exceed thirty (30) days from the date the evaluator was originally assigned the matter.(b) Whenever the Board orders a licensee to undergo a clinical diagnostic evaluation, the Board shall order the licensee to cease practice pending the results of the clinical diagnostic evaluation and review by the Board.(c) While awaiting the results of the clinical diagnostic evaluation, the licensee shall undergo random biological fluid testing at least two (2) times per week.(d) The Board shall review the clinical diagnostic evaluation report and determine within ten (10) business days of receipt whether the licensee is safe to return to either part-time or full-time practice and what restrictions or recommendations shall be imposed on the licensee based on the recommendations made by the evaluator. No licensee shall be returned to practice until the licensee has at least thirty (30) days of negative biological fluid tests or biological fluid tests indicating that the licensee has not used, consumed, ingested, or self-administered a prohibited substance.(e) The licensee shall comply with all restrictions or conditions recommended by the examiner conducting the clinical diagnostic evaluation within fifteen (15) calendar days after being notified by the Board or its designee.Cal. Code Regs. Tit. 16, § 2006.51
Note: Authority cited: Sections 315, 315.4, 4808 and 4845(d), Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2 and 315.4, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
1. New section filed 2-12-2024; operative 4/1/2024 (Register 2024, No. 7).