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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 5.5.2. Medical treatment utilization schedule
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§9792.26. Medical Evidence Evaluation Advisory Committee.


(a)(1) The Medical Director shall create a medical evidence evaluation advisory committee to provide recommendations to the Medical Director on matters concerning the MTUS. The recommendations are advisory only and shall not constitute scientifically based evidence.

  (A) If the Medical Director position becomes vacant, the Administrative Director shall appoint a competent person to temporarily assume the authority and duties of the Medical Director as set forth in this section, until such time that the Medical Director position is filled.  


  (2) The members of the medical evidence evaluation advisory committee shall be appointed by the Medical Director, or his or her designee, and shall consist of 17 members of the medical community holding the following licenses: Medical Doctor (M.D.) board certified by an American Board of Medical Specialties (ABMS) approved specialty board; Doctor of Osteopathy (D.O.) board certified by an ABMS or American Osteopathic Association (AOA) approved specialty board; M.D. board certified by a Medical Board of California (MBC) approved specialty board; Doctor of Chiropractic (D.C.); Physical Therapy (P.T.); Occupational Therapy (O.T.); Acupuncture (L.Ac.); Psychology (PhD.); or Doctor of Podiatric Medicine (DPM), and representing the following specialty fields:  


  (A) One member shall be from the orthopedic field;  


  (B) One member shall be from the chiropractic field;  


  (C) One member shall be from the occupational medicine field;  


  (D) One member shall be from the acupuncture medicine field;  


  (E) One member shall be from the physical therapy field;  


  (F) One member shall be from the psychology field;  


  (G) One member shall be from the pain specialty field;  


  (H) One member shall be from the occupational therapy field;  


  (I) One member shall be from the psychiatry field;  


  (J) One member shall be from the neurosurgery field;  


  (K) One member shall be from the family physician field;  


  (L) One member shall be from the neurology field;  


  (M) One member shall be from the internal medicine field;  


  (N) One member shall be from the physical medicine and rehabilitation field;  


  (O) One member shall be from the podiatrist field;  


  (P) Two additional members shall be appointed at the discretion of the Medical Director or his or her designee.  


  (3) In addition to the seventeen members of the medical evidence evaluation advisory committee appointed under subdivision (a)(2) above, the Medical Director, or his or her designee, may appoint an additional three members to the medical evidence evaluation advisory committee as subject matter experts for any given topic.  


(b) The Medical Director, or his or her designee, shall serve as the chairperson of the medical evidence evaluation advisory committee.

(c) To evaluate evidence when making recommendations to revise, update or supplement the MTUS, the members of the medical evidence evaluation advisory committee shall:

  (1) Apply the requirements of subdivision (b) of section 9792.25 in reviewing medical treatment guidelines to insure that the guidelines are scientifically and evidence-based, and nationally recognized by the medical community;  


  (2) Apply the ACOEM's strength of evidence rating methodology to the scientific evidence as set forth in subdivision (c) of section 9792.25 after identifying areas in the guidelines which do not meet the requirements set forth in subdivision (b) of section 9792.25;  


  (3) Apply in reviewing the scientific evidence, the ACOEM's strength of evidence rating methodology for treatments where there are no medical treatment guidelines or where a guideline is developed by the Administrative Director, as set forth in subdivision (c) of section 9792.25.  


(d) The members of the medical evidence evaluation advisory committee, except for the three subject matter experts, shall serve a term of two year period, but shall remain in that position until a successor is selected. The subject matter experts shall serve as members of the medical evidence evaluation advisory committee until the evaluation of the subject matter guideline is completed. The members of the committee shall meet as necessary, but no less than four (4) times a year.

(e) The Administrative Director, in consultation with the Medical Director, may revise, update, and supplement the MTUS as necessary.


     Note: Authority cited: Sections 133, 4603.5, 5307.3 and 5307.27, Labor Code. Reference: Sections 77.5, 4600, 4604.5 and 5307.27, Labor Code.  


 HISTORY 
   
1. Renumbering and amendment of former section 9792.23 to new section 9792.26 filed 6-18-2009; operative 7-18-2009 pursuant to  Government Code section11343.4 (Register 2009, No. 25).

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