Cal. Code Regs. Tit. 8, § 60 - Discipline
(a) The
Administrative Director may, in his or her discretion, suspend or terminate any
physician from the QME list without hearing:
(1) whose license has been revoked;
(2) whose license has been suspended or
terminated by the relevant licensing board so as to preclude
practice;
(3) who has been
convicted of a misdemeanor or felony related to the conduct of his or her
practice or who has been suspended or placed on probation by his or her
licensing board;
(4) based on a
stipulation or a decision by the physician's licensing board that the physician
has been placed on probation;
(b)
The Administrative Director may, based on a complaint by the Medical Director,
and following a hearing pursuant to section
61 of Title 8 of the California
Code of Regulations, suspend, terminate or place on probation a QME found in
violation of a statutory or administrative duty as described in the
Administrative Director Sanction Guidelines for QMEs under section
65 of Title 8 of the California
Code of Regulations. Such violations include, but are not limited to:
(1) one violation of Labor Code section
139.3 or
4628;
(2) failure to follow the medical procedures
established by the Administrative Director pursuant to Labor Code section
139.2(j)(1)(2)(3)(4)(5) or
(6);
(3) failure to comply with the requirements
of Labor Code section
139.2(b) or
(c) and/or section
10,
10.5,
11 or
12 of Title 8 of the California
Code of Regulations;
(4) failure to
comply with the unavailability notification requirements pursuant to section
33 of Title 8 of the California
Code of Regulations.
(5) failure to
comply with the disclosure, ethical or conflict of interest requirements
pursuant to sections
40,
41 or
41.5, respectively, of Title 8 of
the California Code of Regulations;
(6) failure to complete accurate and complete
reports pursuant to Labor Code section
139.2(i)
or to comply with section
39.5 of Title 8 of the California
Code of Regulations.
(7) one
finding by the Appeals Board of ex parte contact by the QME prohibited by Labor
Code section
4062.3.
(8) one finding by the Administrative
Director that the QME solicited an injured worker to take over that worker's
treatment for his or her workers compensation claim.
(c)
The Medical Director may file a complaint with the Administrative Director
against a QME on any of the grounds listed in subsection (b) based on a
complaint from a member of the public and/or the Medical Director's own
initiative. The Medical Director may assign legal counsel and investigators to
conduct all matters related to this Article.
(d) The powers and discretion of the
Administrative Director are hereby delegated to the Medical Director of the
Division, or his or her designee Associate Medical Director, with respect to:
(1) Conducting investigations and assigning
investigators;
(2) Issuing
subpoenas for testimony and/or production of documents;
(3) Propounding interrogatories;
(4) Receiving and filing requests for hearing
and notices of defense;
(5) Setting
and calendaring cases for hearing;
(6) Issuing notices of hearing;
(7) Assigning counsel; and
(8) Performing all other functions related to
QME discipline under this Article, except for issuing statements of issues,
issuing accusations and issuing disciplinary orders after
hearing.
(e) A report
prepared by a QME which has not been completed and served on one or more
parties prior to the date of the final decision taken by the licensing board or
the date of the conviction, whichever is earlier, shall be inadmissible before
the Appeals Board and no party shall have liability for payment for the
report.
Notes
2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
Note: Authority cited: Sections 11180- 11191, Government Code; Sections 111, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2 and 4062.3, Labor Code.
2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
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.