Chapter 1. Industrial Medical Council
Article 6. QME Discipline

§60. Discipline.

(a) The Council may, in its discretion, suspend or terminate any physician from the QME list without hearing:

(1) whose license has been revoked;

(2) whose license has been suspended or terminated by the relevant licensing board so as to preclude practice;

(3) who has been convicted of a misdemeanor or felony related to the conduct of his or her practice or who has been suspended or placed on probation by his or her licensing board;

(4) based on a stipulation or a decision by the physician's licensing board that the physician has been placed on probation;

(5) who has failed to pay timely the appropriate fee as required under section 17.

(b) The council may, based on a complaint by the Medical Director, and following a hearing pursuant to Section 61, suspend, terminate or place on probation a QME found in violation of a statutory or administrative duty as described in the IMC Sanction Guidelines under Section 65 of these regulations. Such violations include, but are not limited to:

(1) one violation of Labor Code Section 139.3 or 4628;

(2) failure to follow the medical procedures established by the Council pursuant to Labor Code Section 139.2(j)(1)(2)(3)(4)(5) or (6);

(3) failure to comply with the requirements of Labor Code Section 139.2(b) or (c) and/or Section 10, 10.5, 11 or 12 of these regulations;

(4) failure to comply with the unavailability notification requirements pursuant to Section 33.

(5) failure to comply with the disclosure and ethical requirements pursuant to Sections 40 and 41;

(6) failure to complete accurate and complete reports pursuant to Labor Code Section 139.2(i) or to comply with section 39.5 of these regulations.

(7) A finding by the Appeals Board of ex parte contact by the QME prohibited by Labor Code Section 4062.2.

(8) A finding by the Council that the QME solicited an injured worker to take over that worker's treatment for his or her workers compensation claim.

(c) The Medical Director may file a complaint with the Council against a QME on any of the grounds listed in subsection (b) based on a complaint from a member of the public and/or the Medical Director's own initiative. The Medical Director may assign legal counsel and investigators to conduct all matters related to this Article.

(d) A report prepared by a QME which has not been completed and served on one or more parties prior to the date of the final decision taken by the licensing board or the date of the conviction, whichever is earlier, shall be inadmissible before the Appeals Board and no party shall have liability for payment for the report.

NOTE: Authority cited: Sections 139 and 139.2, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New article 6 (sections 60-62), renumbering of former section 51 to new section 60, repealer and new subsection (a), amendment of subsection (b), new subsection (b)(6) and subsection renumbering, and new subsections (b)(8) and (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).