California Regulations 1 72
§ Chap 1 - Industrial Medical Council; Article 1 - General Definitions
As used in these regulations:
California Department of Industrial Relations.
evaluation report writing course, or an accredited provider which is conducted at the request of the
requirements of Section 9793 of this Title.
security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a
self-administered self-insured employer, a group self-insurer, or a third-party claims administrator
for a self-insured employer, insurer, legally uninsured employer, group self-insurer, or joint powers
experience (such as a course, seminar, or audiovisual or computer learning program) which serves to
develop, maintain, or increase the knowledge, skills and professional performance of physicians who
serve as Qualified Medical Evaluators in the California workers' compensation system.
is required of a Qualified Medical Evaluator prior to appointment. A course must be approved by the
and answers related to the presentation.
provider-patient relationship which - (1) attempts to clinically diagnose and alter or modify the
expression of a non-industrial illness, injury or pathological condition; or (2) attempts to cure or
relieve the effects of an industrial injury.
student are in different locations, as in programs based on audio or video tapes, computer programs,
or printed educational material.
responsible for issuing summary disability ratings.
Labor Code Section 3716. The UEF shall only be subject to these regulations after proper service
has been made on the uninsured employer and the Appeals Board has obtained jurisdiction over the UEF
by joinder as a party.
Industrial Medical Council pursuant to Labor Code Section 122, who is Executive Secretary of the
Council to offer physician education programs. There are two categories of providers that may grant
credit for continuing education programs and give courses in disability evaluation report writing:
(1) the Council and (2) individuals, partnerships, or corporations; hospitals; clinics or other
patient care facilities; educational institutions; medical or health-related organizations whose
membership includes L.C. 3209.3 physicians; organizations of non-medical participants in the
California workers' compensation system; and governmental agencies. In the case of a national
organization seeking accreditation, the California Chapter or organization affiliated with the
national organization shall be accredited by the Council in lieu of the national organization.
subdivision (c) of Section 10003 of this Title.
the appropriate licensing body for the state of California and appointed by the Council pursuant to
Labor Code Section 139.2, provided however, that acupuncturist QMEs shall not perform comprehensive
medical-legal evaluations to determine disability.
the Industrial Medical Council for the purpose of demonstrating competence in evaluating
medical-legal issues in the workers' compensation system. This examination shall be given at least as
often as twice annually.
a street address and any other more specific designation such as a suite or room number and which
contains the usual and customary equipment for the evaluation and treatment appropriate to the
physician's medical specialty or practice.
performed at the request of a party concerning a disputed medical finding or conclusion by a QME
concerning an unrepresented employee.
means grant or research support; status as a consultant, member of a speakers' bureau, or major stock
shareholder; or other financial or material interest for the program faculty member or his or her
treatment to an employee which is reasonably required to cure or relieve the effects of an industrial
injury pursuant to section 4600 of the Labor Code.
(z) 'Treatment Guideline' means the advisory guideline issued by the Industrial Medical Council
which sets out a systematic statement intended to assist health care providers in the California
workers' compensation community in making decisions about appropriate medical treatment for specific
1. Repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior
history, see Register 93, No. 38.
2. Change without regulatory effect amending subsections (c), (g), (h), (k) and (p) filed 9-19-94
pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 38).
3. Amendment of subsections (d) and (f), repealer and new subsection (m), amendment of subsections
(n) and (o), new subsections (p) and (q) and subsection relettering, and amendment of newly
designated subsection (r) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
4. New subsection (s) and subsection relettering filed 6-3-97; operative 7-3-97 (Register 97, No.
5. Amendment of subsections (f) and (r) filed 4-14-2000; operative 5-14-2000 (Register 2000, No.
6. New subsections (a) and (e), repealer of former subsection (f), new subsections (h), (j), (k),
(m), (r) and (x) and subsection relettering filed 10-16-2000 as an emergency; operative 1-1-2001
(Register 2000, No. 42). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
emergency language will be repealed by operation of law on the following day.