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 - Appointment of QMEs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications for appointment as a QME shall be submitted on the form in section
				  100 (QME Form 100). The completed
				  application form, and any supporting documentation as required by the
				  application, shall be filed at the Administrative Director's office listed on
				  the form in section
				  100. Upon his or her approval of
				  each application form and supporting documentation, the Administrative Director
				  shall certify, as eligible to sit for the QME competency examination, those
				  applicants who meet all of the statutory and regulatory eligibility
				  requirements. Any application for appointment may be rejected if it is
				  incomplete, contains false information or does not contain the required
				  supporting documentation listed in section
				  11.
(b) The Administrative Director may deny
				  appointment or reappointment to any physician who has performed a QME
				  evaluation or examination without valid QME certification at the time of
				  examining the injured worker or the time of signing the initial or follow-up
				  evaluation report. An applicant serving a period of probation imposed by the
				  applicant's professional licensing board or agency may be allowed to take the
				  QME examination while on probationary license status. Applications for
				  appointment or reappointment from physicians who are on probationary license
				  status with a California licensing board or agency while the QME application is
				  pending shall be reviewed by the Medical Director on a case-by-case basis
				  consistent with the provisions of Labor Code section
				  139.2(m).
(c) No physician who has been convicted of a
				  felony or misdemeanor related to his or her practice shall be appointed or
				  reappointed as a QME. An applicant who has been convicted of any other type of
				  felony or misdemeanor may be denied appointment or reappointment.
(d) Any physician who, while under
				  investigation or after the service of a statement of issues or accusation for
				  alleged violations of these regulations or the Labor Code, withdraws his or her
				  application for appointment or reappointment, resigns or fails to seek
				  reappointment as a QME, shall be subject to having the disciplinary process
				  reactivated whenever an application for appointment or re-appointment is
				  subsequently filed. In the event any of the alleged violations are found to
				  have occurred, the physician's application for appointment or reappointment may
				  be denied by the Administrative Director.
NOTE: Form is available at no charge by downloading from
					 the web at
www.dir.ca.gov/dwc/forms.html
or by
					 requesting at 1-800-794-6900.
1.
					 Relocation of article 2 heading and 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
					 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; and Section
						730,
						Business and Professions Code. Reference: Sections
						139.2,
						4060,
						4061,
						4062,
						4062.1 and
						4062.2, Labor
						Code; and Section
						730,
						Business and Professions Code.