Department of Industrial Relations

Industrial Medical Council

Thursday, January 17, 2002

Members present:

Site One: DWC at 455 Golden Gate Ave., 9th Fl., San Francisco, CA 94102

Robert Larsen, M.D. Richard Sommer, M.Phil., J.D.

Jonathan Ng, M.D., J.D Gayle Walsh, D.C.

Patricia Sinnott, PT, MPH Benjamin Yang, C.A. OMD

Site Two: WCAB at 6150 Van Nuys Blvd., Ste. 110, Van Nuys, CA 91401

Barry Halote, PhD. Glenn Ocker, DPM, MS

Maria Mayoral, M.D. Richard Pitts, D.O.

Ira Monosson, M.D. Lawrence Tain, D.C

Michael Roback, M.D Paul E. Wakim, D.O.

Members absent:

Marvin Lipton, M.D.

Steven Nagelberg, M.D.

1. The meeting was called to order by Co-Chair Dr. Richard Pitts. Dr. Gayle Walsh did a roll call for Council Members present. There was a quorum.

    1. Consent Agenda

a. Adoption of the Minutes and Notice of Actions: Dr. Pitts asked for a motion on the Draft Minutes and Notice of Action of the December 13, 2001 IMC meeting. There were no changes in the minutes so they stand as written.

Action: The Consent Agenda was approved unanimously.

b. Executive Medical Director's Report:

Dr. D. Allan MacKenzie indicated that his EMD report stands as written. He made one editorial comment regarding the feelings of concern among Council Members and certain members of the public regarding the video-conferencing format. He stated that one of the goals of the IMC is to have the Council Physicians and health care specialist together in one room and have them interact and solve problems with the public in attendance. The sense is that it's difficult in this format and maybe in trying to save two to three thousands dollars, we are actually losing in the process. Council Members need to reconsider this video-conferencing format very carefully. If they are unhappy with this, then they simply need to go to the DIR Administration and ask for an exception to the spending cut that we have.

Dr. Lawrence Tain commented on the issue of venue of north and south for the IMC meetings. He asked if the issue could be addressed to Dr. MacKenzie, who in return will bring it to DIR for opinion and consideration.

Paul Wakim: Motion: To return to the same venue for meetings with all members present in the same room and with exposure to the general public.

Action: Motion was not carried.

Dr. MacKenzie concurred with Dr. Gayle Walsh and Mr. Jim Fisher that this was an administrative matter and it appeared that there was no obstacle to the Council making a decision in a non-formal matter.

Dr. Robert Larsen suggested having more discussion on the issue and putting it off until the end of the meeting:

Dr. Larsen: Motion: To table the issue.

It was seconded. Roll call votes were taken. Council Members voted unanimously.

Action Motion passes.

c. DWC Report:

Ms. Jackie Schauer, on behalf of Mr. Richard Gannon, gave a brief update on where the DWC is regarding the interim revision of the fee schedule and adoption of RBRVS. She stated that by the end of the month, they are planning to send out a modified proposal on the Official Medical Fee Schedule and Medical Legal Fee Schedule. She said that DWC is in the middle of the rulemaking process for the most technical revisions. They received the first round of public comments, made revisions in light of these and within two weeks would mail it out with a modified proposal. The public should then have another 15-day comment period to give further input and maybe further revisions. Public comments on the ground rules for the RBRVS revision is still open.

She also announced the issuance of the Research Report on Improving the Quality of Care for Injured Workers in California, that Dr. Linda Rudolph, formerly of DWC, and Ms. Kathy Dervin produced along with the Public Health Institute of Berkeley. Copies were available to members at both sites of the meeting.

Ms. Schauer, in response to Dr. Michael Roback's inquiry on Regulation Section 9785, said that they had been working on it with WCAB and had received some comments. She added that they had been drafting, redrafting, and cleaning the regulation up. The regulation may not come out as early as they had hoped because they are trying to consolidate the rulemaking into one mailing and one set of hearing. It is in the rule making agenda for this year and probably could be finalized in the late spring.

d. Legislative Report:

Mr. James Fisher has nothing to report at this time.

3. CHSWC – Proposal for Research Colloquium on California Work Comp. Benefit

Delivery System

Ms. Christine Baker, CHSWC Executive Officer, presented to the Council the "California Research Colloquium and Workers Compensation Medical Report Card.

She stated that the projected budget for this Research is $100,000 to $150,000. She invited the IMC to join in and co-sponsor and co-finance the Research along with other members of the work comp. community. She suggested that contributions would range anywhere between $20,000 to $50,000.

Discussion ensued after the presentation of Ms. Baker.

Dr. Wakim: Motion: The IMC to participate in the Research Colloquium in a limited capacity after a detailed knowledge of overall costs.

It was seconded. Roll call votes were taken.

Action: Motion did not pass.

Motion: The IMC to support the proposal at a level to be determined at the next IMC Meeting.

It was seconded. Roll call votes were taken. Council voted unanimously.

Action: Motion passes

Mr. Sommer requested Ms. Baker to submit more information regarding the research and its costs and to return back next meeting. He offered his services together with Ms. Patsi Sinnott.

4. Search Committee Report:

Regarding the executive search, Dr. Walsh reported that the contract with Cooperative Personnel Services (CPS) was signed. They began the process by sending out surveys to all Council Members and by interviewing Dr. MacKenzie and IMC Staff as to get a profile for the requirements of the job and some qualities that candidates should have. CPS produced a brochure which was faxed to the Council. Shortly the brochure will be ready for printing and will be mailed out to the all MDs and DOs on the QME list. CPS is also asking some other organizations such as Osteopaths Assoc., CSIMS and CMA, if notices can be send out to their members. The time line for the search is such that: by February 15th-resumes should be returned; then preliminary interview will be held by the CPS Staff; the Search Committee will interview the top candidates and will be come back to the March Meeting with the top two or three candidates for interview by the Council. CPS is also using their own networking system to come up with some other candidates.

5. Education Committee Report:

Dr. Walsh reported that the Committee recommended approval of the application from California Society of Industrial Medicine and Surgery (CSIMS) for a 12-hour report writing course in conjunction with the California Chiropractic Association (CCA), (an approved provider).

Dr. Walsh: Motion: To approve CSIMS as a separate entity and also CSIMS with co-sponsor CCA as providers for continuing education.

It was seconded. Roll call votes were taken. Council Members voted unanimously.

Action: Motion passes.

Dr. Walsh reported that they are still working on the task of auditing the Courses. The questions that they would like to ask are: what exactly they need to audit; what are the questions they have and want people to review, i.e. the quality of course materials, the instructors, the facility, and the handouts. The Committee put together a draft and also talked to Dr. Susan McKenzie, who did some research from different licensing agencies, to see how these agencies do their auditing. She stated that she and Mr. James Fisher would put out something for the Committee by next month.

Regarding the regulations, Dr. Walsh reported that there are three technical changes to be submitted to the Office of the Administrative Law. There was a typographical error and there was an omission on the list of physicians that go with different forms and also on the postcard. For better tracking, a course name needs to be added so that we can know who are the providers of the courses when we get the postcards back.

Dr. Walsh: Motion: The Council to approve three changes in the regulations: correct the spelling of Ophthalmology, add Neurological Surgery–Including Back to the two lists of specialties and the Course Name in the postcard.

It was seconded. Roll call votes were taken. Council voted unanimously.

Action: Motion passes

Lastly, Dr. Walsh reported that the Physician's Guide is finished and the preliminary copies were sent to the Council. The Guide should be out in the next few weeks to be mailed out to all the QMEs and will be available to the public for $15.00. It is also available on the web.

6. Fee Schedule Committee Report:

Mr. Richard Sommer stated that there is not much to report other than Mr. Gannon's asking comments on the ground rules. Mr. Sommer is encouraging everybody to get their thoughts organized on how these ground rules need to be revised in the fee schedule.

He also commented that it is a great loss for the IMC that Dr. Marvin Lipton has resigned as a Council Member. He expressed his personal thanks to Dr. Lipton for all his services to the Council. He recalled that Dr. Lipton always had the best interest of the IMC in mind and was always doing everything he could to foster teamwork among the Council Members.

7. Discipline Committee Report:

Dr. Jonathan Ng said that the Committee met today and was surprised and sorry to hear that Dr. Lipton resigned. He noted that the Committee now needs an additional member to participate and invited any one to join the Committee.

Dr. Robert Larsen shared his thoughts regarding the Disciplinary Committee and volunteered to accept the invitation (for the next year) to be one of the members of the Discipline Committee.

7 Announcements:

Dr. Pitts announced that the next meeting would be held on February 21, 2002. Mr. Sommer said that there would be another presentation of the Lewin Group but subject to the coordination with the Lewin Group by Dr. Susan McKenzie, as to the date and location of the presentation.

Discussion ensued again regarding the venue of the future IMC Meetings. Some of the recommendations were: Dr. Wakim-to have the same venue and format as before, Dr. Larsen-to have a live meeting every three months; Mr. Sommer-to have the live meeting every other months and lastly, Dr. Walsh-to blackout two months a year. Another recommendation came from Dr. Roback–to dedicate at least have one Council Meeting as a public forum where the public (and groups) are invited to present their problems, i.e. a fact finding meeting as compared to a business meeting.

Meeting adjourned at 11:45 a.m.

IMC Staff present:

Larry Williams Allan MacKenzie, M.D., Exec.Med.Dir.

Annadesa Gregorio Susan McKenzie, M.D.

Milagros Diadula Anne Searcy, M.D.

James Fisher, Esq. Rainier Arenas

David Kizer, Esq

DIR/DWC Staff present:

Jackie Schauer, Esq.

Sue Honor

CHSWC Staff presents

C.L. Swezey

Christine Baker

Members of the public present:

Site One: DWC at 455 Golden Gate Ave., 9th Fl., San Francisco, CA 94102

Linda Coltrin, Calif. Chiro. Assoc.

Philipp M. Lippe, CANS

Peggy Sugarman, CAAA

Carl Brekensiek, CSIMS

Diane Przepioski, COA

Joseph A. Zammuto, OPSC

Bill Hutchins, CPTA

Site Two: WCAB at 6150 Van Nuys Blvd., Ste. 110, Van Nuys, CA 91401

Fred Whitebook, Intercommunity Med. Grp.

Sheri Nolan, HNC Software

Elizabeth Hagan, Corvel

Colleen Dinunzio, EOS Mgd. Care Serv., Inc.