California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations
Article 2 - QME Eligibility
Section 15 - Appointment of Retired or Teaching Physicians

Universal Citation: 8 CA Code of Regs 15

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

In order to be considered for appointment as a QME pursuant to Labor Code Section 139.2(c), a physician shall pass the QME competency examination and submit written documentation to the Administrative Director that he or she meets either (a), (b) or (c) of this section.

The physician shall:

(a) Be a current salaried faculty member at an accredited university or college, have a current license to practice as a physician and be engaged in teaching, lecturing, published writing or medical research at that university or college in the area of his or her specialty for not less than one-third of his or her professional time. The physician's practice in the three consecutive years immediately preceding the time of application shall not have been devoted solely to the forensic evaluation of disability.

(b) Be retired from full-time practice; retain a current license to practice in California as a physician with his or her licensing board; and

(1) Have a minimum of 25 years' experience in his or her practice as a physician; and

(2) Have had a minimum of 10 years' experience in workers' compensation medical issues; and

(3) Be practicing currently fewer than 10 hours per week on direct medical treatment as a physician; and

(4) Not have engaged in a practice devoted solely to the forensic evaluation of disability during the three consecutive years immediately preceding the time of application.

(c) Be retired from active practice due to a documented medical or physical disability as defined pursuant to Government Code section 12926 and currently practice in his or her specialty fewer than 10 hours per week. The physician shall have 10 years experience in workers' compensation medical issues as a physician. The physician's practice in the three consecutive years immediately preceding the time of application shall not have been devoted solely to the forensic evaluation of disability.

(d) A physician appointed under section of Title 811 of Title 8 of the California Code of Regulations or this section shall, notify the Administrative Director of changes in his or her status and shall complete the requirements for continuing education pursuant to section of Title 855 of Title 8 of the California Code of Regulations prior to reappointment.

1. New section filed 4-9-93 as an emergency; operative 4-9-93 (Register 93, No. 15). A Certificate of Compliance must be transmitted to OAL 8-9-93 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction amending subsection (b) and NOTE (Register 93, No. 17).
3. New section refiled 9-16-93 with amendment of subsections (a)(1)-(b) as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-94 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-16-93 order including amendment of subsection (b) transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).
5. Amendment filed 6-7-99 as an emergency; operative 6-7-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-5-99 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 6-7-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 3).
7. Amendment filed 1-19-2000; operative 1-19-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 3).
8. Renumbering of former section 15 to section 17 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).
9. Renumbering and amendment former section 13.7 to section 15 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
10. Amendment of section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Note: Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

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