California Labor Codes 139 108

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§ Industrial Medical Council



(a) The Industrial Medical Council shall consist of 11 doctors of medicine, at least one of whom shall be a psychiatrist and at least one of whom shall specialize in occupational medicine, two doctors of osteopathic medicine, two doctors of chiropractic, one physical therapist, one doctor of psychology, one doctor of podiatric medicine, and one acupuncturist, all of whom shall be licensed to practice in this state, and one medical economist. The administrative director shall be an ex officio, nonvoting member of the council, and the medical director appointed pursuant to Section 122 shall serve as executive secretary of the council.

(b) The Governor shall appoint six doctors of medicine, two doctors of osteopathic medicine, one doctor of chiropractic, and one medical economist to the council. The Senate Committee on Rules shall appoint three doctors of medicine, one of whom shall be a psychiatrist, one doctor of chiropractic, and the acupuncturist. The Speaker of the Assembly shall appoint two doctors of medicine, one of whom shall be an occupational medicine specialist, the physical therapist, the doctor of psychology, and the doctor of podiatric medicine. The term of office of members of the council shall be four years, and a member shall hold office until the appointment of a successor. However, the initial terms of three of the doctors of medicine appointed by the Governor shall expire, respectively, on December 31, 1991, December 31, 1992, and December 31, 1993, and the initial terms of the doctors of medicine appointed by the Speaker of the Assembly shall expire, respectively, on December 31, 1991, December 31, 1992, and December 31, 1993. The initial term of one doctor of osteopathic medicine and the doctor of psychology shall both expire on December 31, 1991. Any vacancy shall be filled by the original appointing authority for the unexpired term.

(c) The 11 doctors of medicine and the doctors of osteopathic medicine of the council shall represent medical specialties concerned with the treatment of industrial injury and disease. The doctors of medicine shall be appointed after consultation with the statewide and local associations of the medical profession. The doctors of osteopathic medicine, psychology, and podiatric medicine shall be appointed after consultation with the statewide associations of the osteopathic medical profession, psychologists, and podiatric medicine. The doctors of chiropractic shall be appointed after consultation with statewide and local associations of the chiropractic profession.

(d) Any physician of a type which must be represented pursuant to�subdivision (a) may be considered � for appointment to the council if�the following qualifications are � met:� (1) A physician and surgeon shall � be board certified in his or her�specialty or, if a doctor of chiropractic, � shall be certified in a�chiropractic specialty recognized � and approved by the California�Chiropractic Association, the International � Chiropractors Association�of California, or the American � Chiropractic Association, or if a�psychologist, shall be board certified � in clinical psychology, or�hold a doctoral degree in psychology � from an accredited university or�professional school and have not � less than five years' postdoctoral�experience in the diagnosis and � treatment of emotional and mental�disorders.� (2) The physician and podiatrist � shall be experienced in treating�and evaluating industrial injuries � and shall maintain an active�practice, of which at least one-third � of the total practice time is�devoted to direct patient treatment.��

(e) Members of the council shall, � within the scope of each member's professional training, do all � of the following:� (1) Maintain liaisons with the � medical, osteopathic, chiropractic,�psychological, and podiatric professions. � (2) Counsel and assist the administrative � director and perform�other duties as the administrative � director may request.� (3) Assist in recruiting physicians � for the medical bureau of the�division.� (4) Assist in developing guidelines � for the determination of�disputed questions of clinical � fact, including guidelines for the�range of time normally required � to perform a comprehensive�medical-legal evaluation, as well � as the content of those procedures.� The guidelines shall include the � range of time normally required�for direct patient contact between � the physician and the patient in�each such procedure.� (5) Suggest standards for improving � care furnished to injured�employees.� (6) Undertake continuing studies � of developments in the field of�rehabilitation, and continuously � inform treating physicians of these�developments.� (7) Recommend reasonable levels � of fees for physicians performing�services under Division 4 (commencing � with Section 3200).� (8) In coordination with the administrative � director, monitor and�measure changes in the cost and � frequency of the most common medical�services, and adopt guidelines � for the treatment of common industrial�injuries on or before July 1, 1994. � The guidelines shall reflect�practices as generally accepted � by the health care community, and�shall apply the current standards � of care, including, but not limited�to, appropriate and inappropriate � diagnostic techniques, treatment�modalities, adjustive modalities, � length of treatment, and�appropriate specialty referrals. � On or before July 1, 1994, the�administrative director shall adopt � model utilization protocols in�order to provide utilization review � standards. All insurers shall�comply with this protocol by July � 1, 1995.� (9) In consultation with the administrative � director, promulgate a�form which may be used by treating � physicians to report on medical�issues necessary to determine an � employee's compensation.��

(f) The council shall appoint � an advisory committee on psychiatric�injuries with both psychologists � and psychiatrists as members and�shall consider the advisory committee's � recommendations concerning�psychiatric injuries. The council � may appoint advisory committees�for other specialties as may be � necessary to the performance of its�duties.��

(g) No action of the council shall � be taken unless concurred in by�not less than nine members present � and voting at a meeting.��

(h) Members of the council shall �  receive actual, necessary�traveling expenses and a per diem �  allowance of one hundred dollars�($100) for each day spent in meetings �  of the council.