California Labor Codes 139.4 115

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§ Review of advertising; discipline



(a) The Industrial Medical Council may review advertising copy to ensure compliance with Section 651 of the Business and Professions Code and may require qualified medical evaluators to maintain a file of all advertising copy for a period of 90 days from the date of its use. Any file so required to be maintained shall be available to the council upon the council's request for review.

(b) No advertising copy shall be used after its use has been disapproved by the Industrial Medical Council and the qualified medical evaluator has been notified in writing of the disapproval.

(c) A qualified medical evaluator who is found by the Industrial Medical Council to have violated any provision of this section may be terminated, suspended, or placed on probation by the council.

(d) Proceedings to determine whether a violation of this section has occurred shall be conducted pursuant to Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) As soon as reasonably possible, but not later than January 1, 1993, the Industrial Medical Council shall adopt regulations governing advertising by physicians with respect to industrial injuries or illnesses. The council shall report to the Assembly Insurance Committee and the Senate Industrial Relations Committee on July 1, 1992, and on January 1, 1993, with respect to its progress in adopting these regulations. In promulgating regulations pursuant to this subdivision, the council shall review existing regulations, including regulations adopted by the State Bar, to identify those existing regulatory approaches that may serve as a model for regulations required by this subdivision.

(f) Subdivision (a) shall not be construed to alter the application of Section 651 of the Business and Professions Code.