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 14 - Doctors of Chiropractic: Certification in Workers' Compensation Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All doctors
				  of chiropractic shall be certified in workers' compensation evaluation by
				  either a California professional chiropractic association, or an accredited
				  California college recognized by the Administrative Director. The certification
				  program shall include instruction in disability evaluation report writing that
				  meets the standards set forth in section
				  11.5.
(b) California professional chiropractic
				  associations or accredited California colleges applying to be recognized by the
				  Administrative Director for the purpose of providing these required courses to
				  chiropractors in California workers' compensation evaluation, shall meet the
				  following criteria:
(1) The provider's courses
				  shall be administered and taught by a California professional chiropractic
				  association or a California chiropractic college accredited by the Council on
				  Chiropractic Education. Instructors shall be licensed or certified in their
				  profession or if a member of a non-regulated profession have at least two years
				  experience in their area of instruction regarding workers' compensation
				  issues.
(2) The provider's method
				  of instruction and testing shall include all of the following:
(A) Lecture, didactic sessions and group
				  discussion including an initial 8 hours of overview of the workers'
				  compensation system and 17 additional hours in medical-legal issues for total
				  minimum class time of 25 hours. Up to 12 hours of the instruction covering the
				  regulations affecting QMEs and/or writing ratable reports may be satisfied by
				  distance learning. At least 13 hours of the training shall consist of in person
				  or on site instruction. The initial 8 hours of overview are transferable to any
				  other approved program provider for credit;
(B) Passing a written test at the completion
				  of the program to determine proficiency and application of course
				  material;
(C) Writing a narrative
				  conclusion to medical-legal issues in response to facts presented or a
				  narrative report, in appropriate format, which would meet the standards of a
				  ratable report;
(3) The
				  initial 8 hours of the course material shall cover the following information:
(A) Overview of California Labor Code, DWC
				  (Division of Workers' Compensation of the California Department of Industrial
				  Relations) and the regulations of the Division of Workers' Compensation and of
				  the Workers' Compensation Appeals Board governing QMEs, medical-legal reports
				  and evaluations;
(B) Obligations of
				  the treating and evaluating physicians;
(C) Review of appropriate workers'
				  compensation terminology;
(4) The remaining 17 hours shall include but
				  not be limited to the following:
(A) History
				  and examination procedure requirements, including all relevant treatment,
				  treatment utilization and evaluation guidelines and regulations adopted by the
				  Administrative Director;
(B) The
				  subjects outlined in subdivision
				  11.5(i) not
				  already addressed in the first 8 hours, including, but not limited to, proper
				  use of the AMA Guides, and the medical treatment utilization schedule (MTUS)
				  adopted pursuant to Labor Code section
				  5307.27;
(C) Apportionment, including the changes in
				  Labor Code sections
				  4660,
				  4663 and
				  4664 by SB 899
				  (Stats. 2004, ch. 34);
(D) Future
				  medical care;
(E) 2 hours of
				  instruction in anti-bias training which meets the qualifications outlined in
				  Regulation 11(h).
(5)
				  The provider's course material and tests shall be submitted to the
				  Administrative Director for annual review and the Administrative Director shall
				  monitor a provider's course as necessary to determine if the provider meets the
				  criteria for recognition.
(6) The
				  provider's course advertising shall clearly state whether or not the course is
				  recognized to satisfy the requirement for chiropractic California workers'
				  compensation evaluation by the Administrative Director.