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Impaired Physicians Harm Patients - Lose Licenses. Overview Definition Causes Warning Signs Treatment SHC Well-Being Committee Medical Board of California Fitness for Duty Examination. Overview. More awareness of / less tolerance for Physician error, misconduct, negligence, incompetence
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Impaired PhysiciansHarm Patients - Lose Licenses. • Overview • Definition • Causes • Warning Signs • Treatment • SHC Well-Being Committee • Medical Board of California • Fitness for Duty Examination
Overview • More awareness of / less tolerance for • Physician error, misconduct, negligence, incompetence • Public wants to be protected from bad doctors • More MDs medically impaired than legally impaired • Only 15% of impaired physicians ever identified • Medical impairment early • Legal impairment late
Legal Definition of Impaired Physician • Physician is unable to practice medicine with reasonable degree of skill and safety because of physical or mental illness substance abuse, or age-relate deterioration.
Causes of Impairment • Drug and Alcohol Abuse • Mental Illness • Medical Illness • Dementia
Warning SignsEarly - Late • Personal appearance and behavior • Treatment of patients • Conflicts with colleagues / staff • Legal problems
Negative Physician denial Shame and fear Hopelessness Peer denial “Conspiracy of silence” Treatment Positive • Identification • Intervention • Motivation (Terror) • Coercion • Phased Treatment • Long-term follow-up • 70% success rate
SHC Well-Being CommitteeFederal Law. Darling vs. Community Hospital • Self-referral or confidential referral by another • Review information & meet the individual • Determine if / what problem exists • Develop plan & convert it to contract • Monitor progress • Refuses plan / no compliance, refer to Chief of Staff
Medical Board of CaliforniaProtect public by enforcing Medical Practice Act • Division of Licensing • Evaluate credentials, education, skill • CME • Diversion Program • 45 per year, 300 in 5-year monitoring, 70% success rate • Division of Medical Quality • Conducts investigations / takes enforcement action (Cal AG) • Receives 805 reports, malpractice settlements (0.1% involved psychiatrist), criminal charges / convictions, citizen complaints • Sends reports to requesting agencies, NPDB
MBC Annual Report 2007 • 7000 complaints • 1000 investigations • 400 referred to AG Office for special attention • 200 resulted in enforcement action • 90 revocations / license surrenders • 90 letters of reprimand • 20 suspensions • 80 probations • 20 cases referred to Diversion • 50 determined “impaired”
Is physician danger to self, others, public? Is physician’s ability to practice safely impaired by mental illness or physical illness that affects competency? Does physician require therapy or other measures to practice safely? * * * Axis II not ”impairment” Read investigative file Take thorough history Mental status examination Identify practice-interfering mental status deficits Make diagnosis / prognosis Answer the questions Suggest treatment, practice limitations for safe practice Report fact heavy, logical Other considerations: Examiner liability Sensitive information Physician Fitness for Duty Examination