Qualified Medical Evaluator (QME) Regulations

Title 8, California Code of Regulations
Section 36.7

Filed with Secretary of State April 12, 2022
Effective April 12, 2022



History of Section 36.7

15 Day Comment Period ends: March 15, 2022

45 Day Comment Period

Date: December 17, 2021
Time: 10:00 a.m. to 5:00 p.m., or until conclusion of business
Hearing link and call in number: Access Information
Join from PC, Mac, Linux, iOS or Android: https://dir-ca-gov.zoom.us/j/89606154017
Or Telephone:
USA 216 706 7005
USA 8664345269 (US Toll Free)
Conference code: 956474
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Written comments should be addressed to:
Maureen Gray, regulations coordinator
Department of Industrial Relations
Division of Workers' Compensation
1515 Clay Street, 18th floor
Oakland, CA 94612

The division’s contact person must receive all written comments concerning the proposed modification to the regulations no later than December 17, 2021. Written comments may be submitted by facsimile transmission (FAX), addressed to the contact person at (510) 286-0687. Written comments may also be sent electronically (via e-mail), using the following e-mail address: dwcrules@dir.ca.gov.

History of
Section 36.7 and 46.2 (formerly section 78)

Title 8, California Code of Regulations
Emergency Regulations approved by OAL on May 14, 2020
Section 36.7 and 46.2
(formerly section 78)

Request for Re-adoption of Emergency Regulations
Emergency Regulations Readopted – Expires January 10, 2022

Emergency Regulations for Section 36.7 Extended during OAL Review of Certificate of Compliance – Expires February 18, 2022 *
*DWC Filed a Certificate of Compliance with OAL on January 6, 2022 which extended the effective date of this emergency regulation.  On February 18, 2022, DWC withdrew this filing due to procedural error.

Request for Re-adoption of Emergency Regulations
To Readopt Emergency Regulations Until October 8, 2021

Emergency Regulations Readopted – Expires October 12, 2021

Emergency Regulations Adopted – Expires March 12, 2021

Revised emergency regulations submitted to OAL for Review on May 4, 2020.
Section 78

Emergency Regulations For Approval by the Office of Administrative Law (OAL)
To be effective upon filing with the Secretary of State
Notice of Proposed Emergency Action Issued: April 24, 2020
Sections 36.7 & 78

Update: The Division of Workers’ Compensation (DWC) advises that in response to COVID-19, proposed emergency regulations for Qualified Medical Evaluations (QMEs) were posted on the state’s Office of Administrative Law (OAL) website on May 7, 2020.

Pursuant to section 55 of title 1 of the California Code of Regulations, comments may be submitted to OAL and DWC through May 12, 2020.

If you wish to comment on these regulations, please contact Nicole Richardson by email at NRichardson@dir.ca.gov, by fax at 510-286-0687 or by telephone at 510-286-0656; and email OAL’s reference attorney at staff@oal.ca.gov.


The proposed Qualified Medical Evaluator emergency regulation sections 36.7 and 78 will be submitted to ​OAL on May 4, 2020, so that the regulations will be in place to assist in the continued operation of ​the Qualified Medical Evaluator program during the C​OVID-19 crisis. The regulations will not become effective until filing with the Secretary of State after ​OAL approves them. OAL has up to 10 days to consider the regulations, but may approve them before the 10 days have elapsed. Upon approval and filing with the Secretary of State, the regulation is effective for 180 days. During the initial 180 day period of effectiveness, if the Division anticipates it will need to readopt the emergency regulations for an additional 90 days it will pursue that course of action. For information on the OAL procedure, and to learn how you may comment on the emergency regulation, go the OAL's website at: http://www.oal.ca.gov/.