Bulletin No. 09-05
March 7, 2005

Proposal for changes to qualified medical evaluator regulations the subject of a DWC online discussion forum

The Division of Workers Compensation (DWC) is proposing changes to the qualified medical evaluator regulations found in Title 8, California Code of Regulations, chapter one, sections one - 159.

SB 228 eliminated the Industrial Medical Council (IMC) and transferred many of its functions and duties to the administrative director of the DWC. Additionally, uncodified section 52 of SB 228 states that the regulations adopted by the IMC contained in chapter one (commencing with section one) of division one of Title 8 of the California Code of Regulations shall remain in effect and shall be deemed to be regulations adopted by the administrative director of the DWC.

The majority of the revisions proposed in this action replace the term IMC with the term administrative director, in order to conform the regulations to the statutory changes enacted in SB 228. There are other changes that conform the regulations to changes in SB 899.

The DWC has posted an online forum for members of the public to review and comment on suggested language for the amended regulations. The forum can be found at: http://www.dir.ca.gov/Wcjudicial.htm. Click on "current forums" at the top of the page.

Comments will be accepted at the forum site until Monday, Mar. 21, 2005. The DWC intends to submit regulation amendments to the Office of Administrative Law as rule 100 changes without regulatory effect. No formal rulemaking is required for these types of changes. In the coming months the DWC will also be proposing substantive changes to the qualified medical evaluator regulations. At that time, the public will be invited to submit comments through the DWC forum and through the formal rulemaking hearing and comment period. Please participate in this important process.