AB 408 California Assembly · 2025-2026 Regular Session

Physician Health and Wellness Program.

Summary
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons and licensed midwives by the Medical Board of California. A violation of the act is a crime. Existing law authorizes the board to establish a Physician and Surgeon Health and Wellness Program to support a physician and surgeon in their rehabilitation from substance abuse to ensure the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. Existing law requires the board to contract with a third party for the program's administration in accordance with specified provisions of the Public Contract Code. Existing law provides that participation in the program shall not be a defense to any disciplinary action that may be taken by the board. Existing law requires the program to comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees adopted by the Substance Abuse Coordination Committee of the Department of Consumer Affairs. Existing law establishes the Physician and Surgeon Health and Wellness Program Account in the Contingent Fund of the Medical Board of California for the support of the program. This bill would revise and recast those provisions and would instead authorize the board to establish a Physician Health and Wellness Program to support, treat, monitor, and rehabilitate physicians and surgeons and other professionals licensed by the board with impairing physical and mental health conditions that may impact their ability to practice their profession in a reasonably safe, competent, and professional manner. The bill would require the administering entity to be a nonprofit entity and would require the contract with the administering entity to include procedures on specified topics. The bill would exempt the program from the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees. The bill would exempt program records relating to current or former program participants from disclosure under the California Public Records Act, except as specified. The bill would authorize the board to establish advisory committees to assist in carrying out the duties of the administering entity, and would establish duties and responsibilities authorized to be performed by a committee. The bill would rename the Physician and Surgeon Health and Wellness Program Account as the Physician Health and Wellness Program Account, and would authorize the board to seek and use grant funds and gifts from public or private sources to pay any cost associated with the program. The bill would require the board to annually report to the Legislature and make available to the public the amount and source of funds. The bill would require a licensee to report a license to the administering entity or the board if they believe the licensee is impaired. By expanding the scope of a crime under the Medical Practice Act, the bill would impose a state-mandated local program. The bill would make a person who reports information or takes action in connection with the bill's provisions immune from civil liability for reporting information or taking the action, except as specified. The bill would make the program inapplicable to the Osteopathic Medical Board of California. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jun 2026
Assembly Passage
May 2025
Senate Passage
Governor
Introduced Feb 4, 2025 Last action Jun 26, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

04/21/25 - Amended Assembly 07/08/25 - Amended Senate · 7 edits · Jul 8, 2025
MODERATE
The Senate amendment to AB 408 primarily narrows the program's obligations regarding students, making student access contingent on resource availability rather than mandatory, and relaxes the requirement for a national treatment network. It also expands confidentiality protections to former participants and makes minor clarifying edits to definitions and immunity language.
SCOPE

Student access to the program is now conditional: the administering entity must make the program available to students only if it and the board determine that sufficient resources are available (Sections 2342(e) and (f)). Previously, student access was an unconditional requirement.

In Section 2340(a), the program's covered population changed from 'students, students with impairing or potentially impairing physical or mental health conditions' to simply 'students with impairing or potentially impairing physical or mental health conditions,' removing the standalone reference to all students regardless of condition.

ELIGIBILITY

The definition of 'student' now requires enrollment in a school 'in this state' approved by the board, adding a geographic limitation that was not present in the Assembly version.

REQUIREMENT

The requirement for the administering entity to 'identify and use a national treatment resource network' was changed to 'establish agreements with treatment resource network that includes resources.' This removes the mandate for a specifically 'national' network and softens the obligation from identifying and using to establishing agreements.

DEFINITION

The Public Records Act exemption now covers records relating to 'current or former program participants' rather than just 'program participants,' explicitly extending confidentiality protections to individuals who have left the program.

The definition of 'voluntary participant' now includes a cross-reference to 'action under the conditions provided in subdivisions (a) and (b) of Section 2344,' clarifying that board referrals must meet those specific conditions to qualify as voluntary participation.

TECHNICAL

The immunity provision was cleaned up: the redundant phrase 'in good faith' was removed and a drafting error (duplicate word 'action') was corrected. The substantive scope of immunity is unchanged.

Floor votes · Assembly May 27, 2025

How they voted

710
Passed · 7 other
Total votes 78
May 27, 2025
D Democratic59
56 Yea 3
94% Yea
R Republican19
15 Yea 4
78% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
10
Committee
13
Amendments
3
Jun 26, 2026
Upper · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
upper
Jul 9, 2025
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jul 8, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jul 7, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (July 7). Re-referred to Com. on JUD.
upper
Jun 26, 2025
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 4, 2025
Committee
Referred to Coms. on B. P. & E.D. and JUD.
upper
May 27, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1735.)
lower
May 21, 2025
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 1.) (May 21).
lower
May 14, 2025
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 30, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 29). Re-referred to Com. on APPR.
lower
Apr 22, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (April 22). Re-referred to Com. on JUD.
lower
Apr 22, 2025
Committee
Re-referred to Com. on B. & P.
lower
Apr 21, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
lower
Mar 25, 2025
Committee
Re-referred to Com. on B. & P.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Coms. on B. & P. and JUD.
lower
Feb 5, 2025
Lower · Passed
From printer. May be heard in committee March 7.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marc Berman
Marc Berman
DDemocratic
CA
23