APPROVED MINUTES

Department of Industrial Relations

Industrial Medical Council Public Meeting

Best Western - Grosvenor Hotel, So. San Francisco

Thursday, November 16, 2000

1. The meeting was called to order by Co-Chair Dr. Richard Pitts at 10:20 A.M.

Members present:

Robert Larsen, M.D. Patricia Sinnott, PT, MPH

Marvin Lipton, M.D. Richard Sommer, Esq.

Maria Mayoral, M.D. Paul E. Wakim, D.O.

Ira Monosson, M.D. Gayle Walsh, D.C.

Richard Pitts, D.O. Benjamin Yang, C.A. OMD

Michael Roback, M.D.

Members absent:

Steven Nagelberg, M.D.

Jonathan Ng, M.D.

Glenn Repko, Ph.D.

Lawrence Tain, D.C.

Dr. Robert Goldberg was presented with a plaque of recognition and appreciation for serving on the Council from September 1993 - May 2000 and for all his efforts on behalf of the Council. Dr. Goldberg thanked the Council and the workers’ comp community, and offered several words of encouragement to the Council in its future endeavors.

Dr. Allan MacKenzie gave an appreciation of the life of the late Mr. Ed Woodward who passed away during October. He stated he was a leader in the work comp community, a friend of the IMC and that he will be dearly missed.

    1. Consent Agenda

a. Executive Medical Director's Report:

Dr. D. Allan MacKenzie commented that due to the October ‘non-meeting,’ staff will develop a disaster plan in order to get the IMC’s "business done" in the event of a major catastrophe. He mentioned video conferencing as being an option. He reported that the IMC’s BCP was approved by the Department of Finance for the requested three positions. He also reported that there will not be a long-range planning meeting in December due to the existing workload of the Council.

Dr. Pitts informed the Council that Mr. James Fisher had developed a priority list of items that need to be addressed and that he expected time commitments which would clarify active participation from Council members.

    1. DWC Report:

Mr. Richard Gannon reported that numerous comments were received on the Hospital Inpatient Fee Schedule proposal. The concerns expressed on the use of the untested outlier methodology and lack of defined level of payment for outlier cases were the predominate themes. He commented that DWC is proposing a sunset date of December 31, 2001 as the proposal is intended to be an interim measure until a more complete update of the schedule can be completed. Mr. Gannon indicated that he is looking forward to CHSWC’s report on this topic.

c. Legislative Update:

Nothing to report.

    1. Committee Reports

a. Education Committee Report and Recommendations for Action:

Dr. Walsh reported the Committee had recommended approval of a new IDE program given by Palmer West, the Doctors’ of Chiropractic 44-hour program on how to become a QME.

Dr. Walsh: Motion: To approve Palmer West for the new IDE program.

Seconded: Dr. Benjamin Yang.

Action: Motion passes unanimously.

Dr. Walsh reported the Committee had reviewed requests of QME education providers and recommended approval of the renewals of the Newton Medical Group, California Applicants Attorneys, Livingston and Lopez Consulting, David O’Brian, Edington Medical Group (2), DWC Annual Conference, and UC Davis.

Dr. Walsh: Motion: To approve the renewal of eight (8) QME continuing education courses.

Seconded: Dr. Yang.

Action: Motion passes unanimously.

Dr. Walsh reported that the Committee had recommended for approval, requests of two new providers, At Work Medical Group "Key Issues for Workers Compensation" 6-hours; Roderick Richardson "Probative Issues" 6-hours.

Dr. Walsh: Motion: To approve two new programs. Seconded: Dr. Wakim.

Action: Motion passes unanimously.

Dr. Walsh reported that the Committee recommends approval that the IMC give a med legal report writing course that follows the syllabus as outlined in the proposed regulations and leave it to the staff as to how to develop the evaluation of the 12-hour course.

Dr. Walsh: Motion: That the Council approve that the IMC give a 12-hour course that follows the syllabus as outlined in the regulations that are proposed. It was seconded.

Action: Motion passes unanimously.

Dr. Walsh reported that the Committee recommends the syllabus for the pre-course 4-hour tape as an introduction to the med legal report writing course. Staff has put together a syllabus outlining the elements for each topic and has some suggested lecturers.

Dr. Walsh: Motion: That the Council approve the syllabus for the pre-course 4-hour tape as an introduction to the med legal report writing course. It was seconded.

Action: Motion passes unanimously.

b. Fee Schedule Committee Report:

Mr. Sommer reported that the bids for the RFP were due today - November 16.

c. Discipline Committee Report:

Mr. David Kizer reported that the Committee met and that the trial dates have been set. Dr. Peter Bullock, a non-disciplinary matter, has been scheduled for December 7; John Giddings, M.D., disciplinary matter, is set for December 13; Dr. Vache Cabayan, disciplinary matter, is set January 10, 2001; trial date for Dr. Allen Salick has not been scheduled as yet. Mr. Kizer reported that two new Accusations have been filed against Drs. Chandra, Diane De Silva, and Paul Schroeder, D.C. Loren Taylor, D.C. was originally going to request a default judgement but after discussion with staff, a pro forma hearing will be set and be brought back for closed session for discussion at the next IMC public meeting.

d. Neuromusculoskeletal Protocol Committee:

Dr. Gayle Walsh reported, after speaking with Dr. Roback, that some suggestions were made by the public and Council members. Various changes were made and these were discussed. The document is ready for submission to OAL for public hearing.

Dr. Gayle Walsh: Motion: that the Council approve the Neuromusculoskeletal document be set for formal rulemaking proceeding. Seconded: Dr. Yang.

Action: Motion passes unanimously

4. Announcements

Dr. Pitts announced that the next meeting will be on December 14, 2000 in Los Angeles.

Meeting adjourned at 11:40 A.M.

Thursday, Nocember 16, 2000

IMC Staff present:

Gerry Evans Sylvia Martinez

James Fisher, Esq. Teidi Padua

Elizabeth Ignacio Anne Searcy, M.D

David Kizer, Esq. Larry Williams

Allan MacKenzie, M.D.

Susan McKenzie, M.D.

DIR Staff present:

Richard Gannon, Administrative Director

James M. Robbins

C.L. Swezey

Members of the public present:

Linda Coltrin, CA Chiropractic Assoc. Diane Przepiorski, COA

Doug Hikawa, Priority CompNet Sharon Rohrbach, OPSC

Philipp Lippe, MD Peggy Sugarman, CAAA

James Musik, ICAC Ken Young, OPSC

Michael Pulley, Workers’ Comp Adv Joseph Zammuno, OPSC