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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 8.1. Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising

§9828. Use of Terms "Medical", "Legal", or Comparable Terms.

An advertisement for workers' compensation referral services shall not use any of the following terms or their linguistic variants, nor any similar designation, in its name or to describe its services: (1) "medical", "physician", or "doctor"; (2) a term describing a specific area of medical practice such as "surgeon", "osteopath", "psychologist", "chiropractor", "podiatrist", "dentist", "surgeon", "optometrist", or the like; (3) "legal", "attorney", "law firm", "law office", "law center", "counselor at law", "specialist in workers' compensation law", except:

(a) An advertisement for a medical referral service may use the terms "medical referral" or "physician referral" if the service refers persons who respond to the advertisement only to physicians (as defined in Subsection 9820(i)). It may also use the term "medical referral" if it refers for goods or services by medical providers outside the fields of practice listed in subsection 9820(i), only to persons licensed to provide those other goods or services. It may use the term "referral" preceded by the name of a specific type of physician, such as "chiropractic referral", "podiatric referral", etc., if it restricts its referrals to physicians of the type named.

(b) An advertisement for a legal referral service may use the terms "legal referral" or "attorney referral" if the service refers persons who respond to the advertisement only to attorneys (as defined in Subsection 9820(d)).

NOTE: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.

HISTORY

1. New section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).

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