reglab/statecodes huggingface dataset:
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 222 - Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				is recognized that a pilot may acquire or have access to information, before it
				is available to others, about the movement of vessels. A pilot has a duty not
				to utilize such information for financial gain or to provide such information
				to others who may benefit or otherwise profit from obtaining such information
				before it is generally available to the public.
(b) A pilot shall not provide information or
				knowledge regarding vessel schedules obtained by the pilot, by virtue of his or
				her status as a pilot or Port Agent, to any entity except as is necessary to
				the discharge of his or her duties as a pilot or Port Agent.
(c) To assure that commerce is not disrupted
				and that fair competition is maintained among tugboat operators and others who
				provide vessel assistance services on Monterey Bay or on the Bays of San
				Francisco, San Pablo or Suisun, a pilot shall not have any interest in, or
				derive any income from, any tugboat in operation on Monterey Bay or on the Bays
				of San Francisco, San Pablo or Suisun.
(d) Nothing contained in subsection (c) of
				this section shall prohibit ownership, directly or indirectly, of stock in any
				corporation registered on a national securities exchange, pursuant to Section
				78 f of Title 15 of the United
				States Code, even though the corporation may own tugboats in operation on the
				waters subject to the Board's jurisdiction.
(e) Nothing contained in subsection (c) of
				this section shall prohibit any pilot from owning, directly or indirectly, or
				controlling any barge or vessel similar to a barge. A barge or a vessel similar
				to a barge for purposes of this subsection is a vessel constructed and operated
				for the purpose of transporting cargo and which is not used to assist with the
				movement of vessels.
1. Repealer
				  and new section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For
				  history of former section, see Registers 83, No. 1 and 67, No.
				  21.
2. Renumbering and amendment of former section
				  220 to section
				  222 filed 8-12-93; operative
				  9-13-93 (Register 93, No. 33).
3. Amendment of section and NOTE
				  filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Section
					 1170.3,
					 Harbors and Navigation Code.
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 223 - Duty on Outward Bound Vessels. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 224 - Restriction of Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-27-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Repealer filed 5-9-88; operative 6-8-88 (Register 88, No.
				  20).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Sections
					 1125,
					 1180
					 and
					 1181(h),
					 Harbors and Navigation Code.
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 225 - Leaving Station. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 226 - Carriage of Letters. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 1-6-82; effective thirtieth day thereafter (Register 82, No. 2).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code.
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 227 - Reporting of Accidents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 10-3-67; effective thirtieth day thereafter (Register 67, No.
				  40).
2. Amendment filed 8-6-76; effective thirtieth day thereafter
				  (Register 76, No. 32).
3. Repealer filed 5-9-88; operative 6-8-88
				  (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 228 - Pilots to Answer Summons. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 229 - Sworn Testimony. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 230 - Duties of Port Agent. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 231 - Absence of Pilots. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 232 - Boats in Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 233 - Approval of Boats. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 234 - Personal Reports to the Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 6 - Government of Pilots, Inland Pilots and Trainees › Section 235 - Violation of By-Laws. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 12-27-82; effective thirtieth day thereafter (Register 83, No. 1).
Note: Authority cited: Section
					 1154,
					 Harbors and Navigation Code. Reference: Section
					 1181(h),
					 Harbors and Navigation Code.
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 7 - Pilotage Rates › Section 236.1 - Pilot Boat Surcharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				separate surcharge on pilotage fees called a Pilot Boat Surcharge is authorized
				by Section
				1190(a)(1)(B)
				of the Harbors and Navigation Code to recover those of the pilots' costs of
				obtaining new pilot boats and of funding design and engineering modifications
				for extending the service life of existing pilot boats that are authorized by
				law. The surcharge is in the form of additional mills per high gross registered
				ton. This section sets forth the procedures for obtaining the Board's
				authorization to recover such costs and to set and periodically adjust the
				Pilot Boat Surcharge.
(b) For
				purposes of this section, the term "new pilot boat" shall include an existing
				vessel acquired from another owner.
(c) Requests made pursuant to this section
				shall be submitted to the Board in writing and shall be supported by the data
				and documentation required by this section. The requesting party must establish
				to the satisfaction of the Board that the expenditures for a new pilot boat or
				for life extension modifications to an existing pilot boat are -- or, if those
				costs have already been incurred, were -- reasonable and necessary. The process
				requires a necessity determination, a preliminary authorization and a final
				authorization, which are described in subsections (d), (e) and (f)
				respectively.
(d) Necessity
				Determination
(1) A request for a Board
				determination that expenditures for a new pilot boat or for life extension
				modifications to an existing pilot boat are or were necessary may be made prior
				to or at the same time as a request for preliminary authorization to recover
				such costs.
(2) The Board may
				consider a request for a necessity determination at a duly noticed regular or
				special Board meeting held after the request and all documentation in support
				of the request have been deposited with the Board and made available for public
				inspection. Notice shall be given to all parties directly affected by pilotage
				rates or to a trade organization representing such parties and to all other
				parties who have requested such notification.
(3) Documentation in support of a necessity
				determination shall be sufficient to allow the Board to assess the remaining
				service life of the existing pilot boats, both with the proposed life extension
				modifications, if any, and without such modifications. The Board or its
				advisory committee may request additional documentation or conduct its own
				investigation prior to making a necessity determination hereunder.
(4) A necessity determination made under this
				section shall be valid for one year unless directed otherwise by the
				Board.
California Code of Regulations › Title 7 - Harbors and Navigation › Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun › Article 8 - Number of Pilots › Section 237 - Hearing Procedures to Determine Number of Licensed Pilots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Board shall determine the number of pilot licenses to be issued and shall
				appoint and license the number of pilots sufficient to carry out the purposes
				of Division 5 of the Harbors and Navigation Code. In determining the number of
				pilot licenses issued by the Board to qualified applicants, the Board shall
				take into consideration all of the following:
(1) The findings and declarations in Harbors
				and Navigation Code Sections
				1100
				and
				1101;
(2) The results of an audit made pursuant to
				subsection 236(e) of these
				regulations.
(3) The factors
				specified in Harbors and Navigation Code Section
				1203(a) through
				(g); and
(4) The maritime industry's current economic
				trends, fluctuations in the number of vessel calls, the size of vessels, and
				whether the need for pilotage is increasing or decreasing.
The objective of the Board's determination of the number of
				  pilot licenses to be issued to qualified applicants is to ensure the
				  availability of an adequate number of qualified, rested pilots to provide
				  timely pilotage services. Before changing the number of pilot licenses issued,
				  the Board shall conduct hearings in accordance with this
				  article.
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 10.1 - The Application for Appointment as Qualified Medical Evaluator Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Change without regulatory effect updating QME Application Form filed 6-27-95
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 26).
3. Change without regulatory
					 effect amending specialty codes filed 10-11-95 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 41).
4. Change without regulatory
					 effect amending QME Application form and adding MAP specialty code filed
					 12-27-95 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 52).
5. Change without regulatory
					 effect amending MD/DO specialty codes filed 6-19-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 25).
6. Change without regulatory
					 effect amending MD/DO speciality codes and updating form revision date filed
					 4-15-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 16).
7. Change without regulatory
					 effect amending QME appointment application form filed 8-19-98 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 98, No. 34).
8. Change without regulatory
					 effect amending MD/DO specialty codes and updating form revision date filed
					 7-12-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 29).
9. Repealer filed 4-14-2000;
					 operative 5-14-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						133,
						139 and
						139.2, Labor
						Code. Reference: Sections
						139.2,
						4060,
						4061 and
						4062, Labor
						Code.
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 10.1a - Reappointment Application as Qualified Medical Evaluator Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect adding new section filed 6-20-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 25).
2. Change without regulatory
					 effect repealing section and adding new section filed 4-16-98 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 98, No. 16).
3. Change without regulatory
					 effect amending block 2, item 3 and verification statement in block 5 filed
					 8-12-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 33).
4. Change without regulatory
					 effect amending block 5 filed 10-30-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 44).
5. Repealer filed 4-14-2000;
					 operative 5-14-2000 (Register 2000, No.
					 15).
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 10.2 - The QME Fee Assessment Notice Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Repealer and new section 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.
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 3).
4. New section filed 1-19-2000; operative
					 1-19-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 3).
Note: Authority cited: Sections
						133,
						139 and
						139.2, Labor
						Code. Reference: Sections
						139.2,
						4060,
						4061 and
						4062, Labor
						Code.
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 10.5 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-5-98; operative 12-5-98 (Register 98, No. 45).
2.
					 Change without regulatory effect repealing and adding new Form 10.5, Rev. 5/99
					 (incorporated by reference) filed 7-12-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 29).
3. Amendment of subsections
					 (e)(1), (e)(3) and (i) and repealer of subsections (i)(1)-(6) filed 4-14-2000;
					 operative 5-14-2000 (Register 2000, No. 15).
4. Repealer filed
					 1-13-2009; operative 2-17-2009 (Register 2009, No.
					 3).
Note: Authority cited: Sections
						139 and
						139.2. Reference:
						8 U.S.C. Sections
						1621,
						1641 and
						1642; Sections
						139.2,
						5307.3 and
						5307.4, Labor Code; and Section
						11507 et seq., Government
						Code.
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 11 - Eligibility Requirements for Initial Appointment as a QME

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director shall appoint as QMEs all
					 applicants who meet the requirements set forth in Labor Code Section
					 139.2(b)
					 and all applicants:
(a) Shall submit
				  the required supporting documentation:
(1)
				  Copy of current license to practice in California;
(2) For Medical Doctors, or Doctors of
				  Osteopathy:
(A) A copy of the applicant's
				  certificate of completion of postgraduate specialty training at an institution
				  recognized by the Accreditation Council for Graduate Medical Education or the
				  osteopathic equivalent as defined pursuant to Section
				  12, or;
(B) A copy of the applicant's Board
				  certification by a specialty board recognized by the Administrative Director or
				  as defined pursuant to Section
				  12, or;
(C) A declaration under penalty of perjury
				  accompanied by supporting documentation that the physician has qualifications
				  that the Administrative Director and the Medical Board of California or the
				  Osteopathic Medical Board of California both deem to be equivalent to board
				  certification in a specialty.
(3) If a psychologist, (i) a copy of a
				  doctoral degree in psychology or a doctoral degree deemed equivalent for
				  licensure by the Board of Psychology pursuant to Section
				  2914
				  of the Business and Professions Code, and has not had less than five years
				  postdoctoral experience in the treatment of emotional and mental disorders or
				  (ii) served as an AME on eight or more occasions prior to January 1, 1990 and
				  has not less than five years postdoctoral experience in the diagnosis and
				  treatment of emotional and mental disorders.
(4) For Doctors of Chiropractic, the
				  physician shall provide a copy of a current or otherwise valid certificate in
				  California Workers Compensation Evaluation by either a California professional
				  chiropractic association or an accredited California college recognized by the
				  Administrative Director (i.e. Workers' Compensation Evaluation Certificate with
				  a minimum 25 hours completed). For purposes of this subsection, a current or
				  otherwise valid certificate in California Workers Compensation Evaluation is
				  one that has been obtained within the three years prior to the current
				  application to become certified as a QME.
(5) Or, for other physicians, a copy of the
				  physician's professional diploma.
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 11.1 - Application for QME Competency Examination Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Change without regulatory effect amending form filed 3-11-96 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 96, No. 11).
3. Change without regulatory
					 effect amending form filed 7-23-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 30).
4. Amendment of form filed
					 3-15-99; operative 4-14-99 (Register 99, No. 12).
5. Repealer filed
					 4-14-2000; operative 5-14-2000 (Register 2000, No.
					 15).
Note: Authority cited: Section
						139.2, Labor
						Code. Reference: Section
						139.2, Labor
						Code.
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 11.5 - Disability Evaluation Report Writing Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to appointment as a QME, a physician shall complete a
					 course of at least sixteen hours of instruction in disability evaluation report
					 writing. The course curriculum shall be specified by the Administrative
					 Director. Only report writing courses which are offered by education providers
					 as defined in subdivision
					 of Title
					 81(p) of Title 8 of the
					 California Code of Regulations shall qualify to satisfy this
					 requirement.
(a) An education provider
				  applicant shall submit:
(1) a completed QME
				  Form 118 (Application for Accreditation) (see, 8 Cal. Code Regs. §
											118) which contains:
(A) the applicant's name; address; director
				  of education with contact information; type of organization; length of time in
				  business; nature of business; and past experience providing continuing
				  education courses (including a list of other accrediting agencies that have
				  approved such courses);
(B) a
				  description of the proposed education program or course which includes the
				  title; type (continuing education program or disability evaluation report
				  writing course); location(s); date(s); length of training in clock hours;
				  educational objectives; a complete description of the program or course
				  content; faculty; and the names of other accrediting agencies that have
				  approved the program.
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 12 - Recognition of Specialty Boards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director shall recognize only those
					 specialty boards recognized by the respective California licensing boards for
					 physicians as defined in Labor Code section
					 3209.3.
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No.
					 34).
3. Amendment of section and NOTE filed 1-13-2009; operative
					 2-17-2009 (Register 2009, No. 3).
Note: Authority cited: Sections
						133,
						139.2,
						139.4,
						139.43,
						139.45 and
						5307.3, Labor
						Code. Reference: Sections
						139.2(b)(3)(A) and
						3209.3, Labor Code; Section
						651(i),
						Business and Professions Code.
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 13 - Physician's Specialty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A physician's specialty(ies) is one for which the physician is board certified
				  or, one for which a medical doctor or doctor of osteopathy has completed a
				  postgraduate specialty training as defined in Section
				  11(a)(2)(A) or
				  held an appointment as a QME in that specialty on June 30, 2000, pursuant to
				  Labor Code Section
				  139.2. To be
				  listed as a QME in a particular specialty, the physician's licensing board must
				  recognize the designated specialty board and the applicant for QME status must
				  have provided to the Administrative Director documentation from the relevant
				  board of certification or qualification.
(b) All requests by a physician to add or
				  remove a medical specialty shall be in writing. A physician seeking to add or
				  change specialties shall include the documentation specified in subdivision (a)
				  that establishes the physician is board certified in the specialty or the
				  subspecialty recognized by the Administrative Director that the physician
				  wishes to add. The failure to provide proof of board certification shall be
				  grounds to deny the request.
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No.
					 34).
3. Amendment filed 4-14-2000; operative 5-14-2000 (Register
					 2000, No. 15).
4. Amendment filed 8-23-2001; operative 8-23-2001
					 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 34).
5. Amendment of section and NOTE filed
					 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
6. New
					 subsection (a) designator and subsection (b) filed 9-16-2013; operative
					 9-16-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 38).
Note: Authority cited: Sections
						133,
						139.2,
						139.4,
						139.43,
						139.45 and
						5307.3, Labor
						Code. Reference: Section
						139.2(b)(3)(A),
						Labor Code; and Section
						651(i),
						Business and Professions Code.
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 13.5 - Chiropractic Certification in Workers' Compensation Evaluation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE: The "Physicians Guide" does not appear as a part of
					 this regulation. Copies are available through the Executive Medical Director of
					 the Industrial Medical Council; P.O. Box 8888 San Francisco, CA
					 94128-8888.
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Change without regulatory effect amending subsection (a) filed 12-2-96 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 96, No. 49).
3. Amendment filed 3-15-99;
					 operative 4-14-99 (Register 99, No. 12).
4. Renumbering of former
					 section 13.5 to section
					 14 filed 4-14-2000; operative
					 5-14-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						139,
						139.2 and
						139.3, Labor
						Code. Reference: Sections
						139.2,
						4060,
						4061 and
						4062, Labor
						Code.
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 13.7 - Appointment of Retired or Teaching Physicians. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Amendment of opening paragraph and subsections (c)(2) and (c)(3) and new
					 subsection (e) filed 8-23-96; operative 9-22-96 (Register 96, No.
					 34).
3. Renumbering of former section
					 13.7 to section
					 15 filed 4-14-2000; operative
					 5-14-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						139 and
						139.2, Labor
						Code. Reference: Sections
						139.2,
						4060,
						4061 and
						4062, Labor
						Code.
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

Current through Register 2024 Notice Reg. No. 28, July 12, 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.
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 16 - Determination of Fees for QME Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of establishing the annual
				  fee for any qualified medical evaluator pursuant to Article 2, physicians (as
				  defined under Section
				  3209.3 of the
				  Labor Code) shall be classified into one of three categories:
(1) QMEs who meet all applicable requirements
				  under Article 2 and 5 and who have conducted 0-10 comprehensive medical-legal
				  evaluations in the twelve months prior to the assessment of the fee.
				  Comprehensive medical-legal evaluations are evaluations as defined under
				  Section (1)(i) of this Chapter performed by a physician.
(2) QMEs who meet all applicable requirements
				  under Article 2 and 5 and who have conducted 11-24 comprehensive medical-legal
				  evaluations in the twelve months prior to assessment of the fee. Comprehensive
				  medical-legal evaluations are evaluations as defined under Section (1)(i) of
				  this Chapter performed by a physician.
(3) QMEs who meet all applicable requirements
				  under Article 2 and 5 and who have conducted 25 or more comprehensive
				  medical-legal evaluations in the twelve months prior to assessment of the fee.
				  Comprehensive medical-legal evaluations are evaluations as defined under
				  Section (1)(i) of this Chapter performed by a physician.
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 17 - Fee Schedule for QME

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All physicians seeking QME status shall
				  be required to pay to the Workers' Compensation Administration Revolving Fund,
				  the following fee:
(1) QMEs performing 0-10
				  comprehensive medical-legal evaluations, $110 during each of the years or any
				  part of a year the physician retains his or her eligibility on the approved QME
				  list.
(2) QMEs performing 11-24
				  comprehensive medical-legal evaluations, $125 during each of the years or any
				  part of a year the physician retains his or her eligibility on the approved QME
				  list.
(3) QMEs performing 25 or
				  more comprehensive medical-legal evaluations, $250 during each of the years or
				  any part of a year the physician retains his or her eligibility on the approved
				  QME list.
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 18 - QME Fee Due Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All physicians, regardless of the number
				  of comprehensive medical-legal evaluations performed under section
				  17 of Title 8 of the California
				  Code of Regulations shall pay the required QME fees at yearly intervals within
				  30 days of receipt of notice from the Administrative Director that the QME fee
				  for the next 12 months is due and payable. No physician who has passed the
				  competency examination shall be placed on the active QME roster until the
				  appropriate fee under section
				  17 has been paid.
(b) Any QME who fails to pay the required
				  statutory fee within 30 days of receipt of a final notice that the fee is due
				  shall be notified that he or she shall be terminated from the official QME
				  roster of physicians within 30 days and shall not perform any panel QME or
				  represented QME comprehensive medical-legal evaluation until the fee is
				  paid.
(c) If the QME fee is not
				  paid within two years from the due date in the final fee notice from the
				  Administrative Director to the QME or QME applicant that the fee is due, then
				  the physician shall resubmit a new application pursuant to Sections
				  10 and
				  11 of Title 8 of the California
				  Code of Regulations, pass the QME competency examination and pay the
				  appropriate fee prior to regaining or obtaining QME active status.
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 subsections (b) and (b)(1) and
					 NOTE (Register 93, No. 17).
3. New section refiled 9-16-93 with
					 amendment of section heading and text 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 amendments transmitted to OAL 10-28-93 and filed 12-14-93 (Register
					 93, No. 51).
5. Repealer filed 8-23-96; operative 9-22-96 (Register
					 96, No. 34).
6. Renumbering of former section
					 16 to section
					 18 filed 4-14-2000 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2000, No. 15).
7. 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.
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 19 - Certificate of QME Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon receipt of the QME fees and review by the Administrative Director to
				  ensure current compliance with section
				  139.2 of Labor Code and any other
				  applicable regulations promulgated by the Administrative Director concerning
				  QME eligibility, the Administrative Director shall within 45 days send to the
				  physician a Qualified Medical Evaluator certificate. The QME certificate shall
				  be displayed in a conspicuous manner at the QME's office location at all times
				  during the period the QME is appointed by the Administrative Director to
				  conduct evaluations.
(b) It shall
				  be unlawful for any physician who has been terminated or suspended from the QME
				  list or who has failed to pay the required QME fee pursuant to sections
				  17 and
				  18 of Title 8 of the California
				  Code of Regulations to display a Qualified Medical Evaluator
				  certificate.
1.
					 Renumbering and amendment of former section
					 17 to new section
					 19 filed 4-14-2000; operative
					 5-14-2000 (Register 2000, No. 15).
2. 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.
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 2.5 - Time Periods for Processing Applications for QME Status › Section 20 - Time Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 45 days of receipt of an application for QME status, the Administrative
				  Director shall either inform the applicant, in writing, that the application is
				  complete and accepted for filing, or that the application is deficient and what
				  specific information is required.
(b) Within 45 days of receipt of a completed
				  application, the Administrative Director shall inform the applicant, in
				  writing, of its decision to allow or not to allow the applicant to proceed to
				  take the required QME competency examination as per Section
				  11(f) of Title 8
				  of the California Code of Regulations.
(c) Within 45 days of receipt of a completed
				  application, the Administrative Director must inform the applicant, in writing,
				  of its decision to grant or deny the application.
1. New
					 article 2.5 and section filed 8-1-94; operative 8-31-94 (Register 94, No.
					 31).
2. 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: Sections
						4060,
						4061,
						4062,
						4062.1,
						4062.2 and
						4067, Labor
						Code.
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 2.6 - QME Office Locations › Section 26 - QME Office Locations and Changes of Office Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the
				  restriction in Labor Code section
				  139.2(h)(3)(B)
				  of 10 offices for conducting comprehensive medical-legal evaluations, QMEs who
				  perform comprehensive medical-legal evaluations at more than one physician's
				  office location shall be required to pay an additional $ 100 annually per
				  additional office location. Each physician's office listed with the Medical
				  Director must be located within California, be identified by a street address
				  and any other more specific location such as a suite or room number, and must
				  contain the usual and customary equipment for the type of evaluation
				  appropriate to the QME's medical specialty or scope of practice. Nothing in
				  this section shall prevent a QME from adding additional offices up to the
				  maximum set forth in Labor Code section
				  139.2
				  (h)(3) (B).
(b) An office location shall be maintained by
				  a QME at least 180 days from the date the Medical Unit lists the office as
				  available to perform comprehensive medical-legal evaluations, except upon a
				  showing of good cause to the Medical Director. For purposes of this section the
				  term "good cause" includes, but is not limited to:
(1) natural disasters or other community
				  catastrophes that interrupt the operation of the evaluator's
				  business;
(2) the expiration of a
				  written lease agreement of not less than 12 months duration for an office
				  location defined in subdivision (a);
(3) the sale of real property by the QME of
				  an office location defined in subdivision (a) where the QME vacates the
				  property.
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 3 - Assignment of Qualified Medical Evaluators, Evaluation Procedure › Section 30 - QME Panel Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unrepresented cases. Whenever an employee
				  is not represented by an attorney and either the employee or the claims
				  administrator requests a QME panel pursuant to Labor Code section
				  4062.1, the
				  request shall be submitted on the Request for Qualified Medical Evaluator Panel
				  Form (Unrepresented Employee), QME Form 105, in section
				  105.
(1) For disputes covered by Labor Code
				  section
				  4060, the
				  requesting party shall attach the claims administrator's notice that the claim
				  was denied or a copy of the claims administrator's request for an examination
				  to determine compensability to the QME Form 105;
(2) For disputes covered by Labor Code
				  section
				  4061 or
				  4062, if the
				  requesting party is the claims administrator, the claims administrator shall
				  attach a written objection indicating the identity of the primary treating
				  physician, the date of the primary treating physician's report that is the
				  subject of the objection and a description of the medical determination that
				  requires a comprehensive medical-legal report to resolve to the QME Form
				  105.
(3) The claims administrator
				  (or if none the employer) shall provide QME Form 105 to the unrepresented
				  employee pursuant to Labor Code sections
				  4060,
				  4061, and
				  4062, by means
				  of personal delivery or by first class or certified mailing.
(4) If the form is incomplete, so that a QME
				  panel selection cannot be made, the request form shall be returned to the
				  requesting party with an explanation of why the QME panel selection could not
				  be made. The Medical Director may delay issuing a QME panel until the Medical
				  Director receives additional information, requested from a party or both
				  parties, needed to resolve the panel request.
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 3 - Assignment of Qualified Medical Evaluators, Evaluation Procedure › Section 30.1 - The Request for Qualified Medical Evaluator Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).
2.
					 Change without regulatory effect amending specialty codes filed 6-27-95
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 26).
3. Editorial correction adding
					 HISTORY 3 and including previously filed amendments (Register 95, No.
					 41).
4. Change without regulatory effect amending specialty code
					 MPT, repealing specialty codes DDS and DMD and adding specialty code DEN filed
					 10-11-95 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 41).
5. Change without regulatory
					 effect adding MAP specialty code filed 12-27-95 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 95, No. 52).
6. Change without regulatory
					 effect amending form filed 6-20-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 25).
7. Change without regulatory
					 effect amending form filed 2-25-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 9).
8. Change without regulatory
					 effect amending MD/DO specialty codes filed 6-19-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 25).
9. Change without regulatory
					 effect amending MD/DO speciality codes and updating form revision date filed
					 4-15-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 16).
10. Change without regulatory
					 effect amending MD/DO specialty codes and updating form revision date filed
					 7-12-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 29).
11. Repealer filed 4-14-2000;
					 operative 5-14-2000 (Register 2000, No. 15).
Note: Authority cited: Sections
						133,
						139 and
						139.2, Labor
						Code. Reference: Sections
						139.2,
						4060,
						4061 and
						4062, Labor
						Code.