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Article 15. Fraudulent or Misleading Advertising
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§154. Permissible Advertising Content.

(a) A physician subject to these regulations, or any person acting on his or her behalf, may use, disseminate, or cause to be disseminated to the public, or any portion of the public, advertising copy which relates to any industrial injury or illness which accurately states:
  (1) The name of each physician affiliated with or participating in the physician's practice.  

  (2) The address, telephone number and business hours of the office or offices.  

  (3) The areas of practice each physician engages in.  

  (4) An individual physician's appointment as a QME. A physician who is not currently certified by the Administrative Director as a Qualified Medical Evaluator may, in a curriculum vitae or descriptive text, state any periods in the past during which the physician was certified as a Qualified Medical Evaluator.  

  (5) A statement that the physician is Board Certified or limits his or her practice to specific fields as authorized by Business and Professions Code Section 651. Any statement of Board Certification shall include the name of the certifying board.  

  (6) Any languages spoken fluently by the physician or his or her staff.  

  (7) A description of any diagnostic or therapeutic facilities available.  

  (8) The availability of surgery or hospitalization on a lien basis.  

  (9) The usual time frame for scheduling appointments or producing medical reports.  

  (10) That all billings are made in compliance with the Official Medical Fee Schedule promulgated by the Administrative Director.  

  (11) Biographic information concerning the physician's educational background, internships and residencies, hospital affiliations, professional affiliations and professional publications.  

(b) Any physician who wishes to use, disseminate, or cause to be disseminated to the public, or any portion of the public, any advertising copy which relates to any industrial injury or illness which contains any material not specified in subsection (a) above, shall apply in writing to the Administrative Director for approval before using such material. The Administrative Director shall approve all requests which do not contain material which is false or likely to mislead the public with respect to workers' compensation. No advertising copy submitted to the Council pursuant to this subsection shall be used until the Administrative Director has given his/her written approval.

     Note: Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.2, 139.4 and 139.45, Labor Code.  

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (a)(4), (a)(10) and (b) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

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