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TITLE 8. INDUSTRIAL RELATIONS
DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS
CHAPTER 1. DIVISION OF WORKERS' COMPENSATION-QUALIFIED MEDICAL EVALUATOR

Article 15. Fraudulent or Misleading Advertising
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§158. Penalties.

(a) A QME who is found to have violated any provision of Business and Professions Code section 651, or these regulations may have his or her QME status terminated, suspended, or placed on probation by the Administrative Director. Any probation imposed may have such conditions as the Administrative Director deems reasonable, including, but not limited to the publication of corrective advertising and the submission of future advertising copy for the Administrative Director's approval before its use.

(b) The Administrative Director shall consider the following factors in determining the appropriate penalty for a violation of Business and Professions Code section 651, or these regulations:

  1. the seriousness or materiality of the misrepresentation,  


  2. whether the physician cooperated with the investigation,  


  3. whether the violation was a single event, or appeared to be part of a pattern sufficient to demonstrate a business practice,  


  4. whether the violator has a record of prior discipline by the Administrative Director, Medical Board, or other appropriate licensing board or authority,  


  5. whether the violator has a record of contempt reprimands or adjudications issued by the Workers' Compensation Appeals Board.  


     Note: Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.  


 HISTORY 
   
1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (a), (b) and (b)4. and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

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