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Article 15. Fraudulent or Misleading Advertising
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§155. Filing of Complaints.

(a) Any person may file a complaint with the Medical Director, alleging that any physician is using advertising copy which violates the provisions of Business and Professions Code Section 651, or the provisions of these regulations.

(b) Complaints filed with the Medical Director shall be in writing and contain the following:

  (1) The full name and address of the party filing the complaint.  

  (2) The full name and address of the physician against whom the complaint is made, or if the complainant is unable to identify the physician using the advertising, as much information as the complainant can provide to assist the Administrative Director in identifying the physician who used the advertisement.  

  (3) A copy, if available to the complaining party, of the advertising copy against which the complaint is made, or a description of the medium in which the advertising copy appeared. Such description should contain sufficient details regarding the manner and form in which the advertising copy was published to allow a copy of the advertising copy to be obtained by the Administrative Director.  

  (4) A detailed statement of the grounds on which the advertising copy is alleged to violate Business and Professions Code Section 651 or these regulations.  

  (5) All complaints filed under this section shall be filed with the Medical Director, at Division of Workers' Compensation, P.O. Box 71010, Attention: Medical Unit, Oakland, CA 94612.  

  (6) Nothing in these regulations shall prevent the Administrative Director or Medical Director from acting independently, and without receipt of a complaint, to initiate an investigation and issue a complaint on the Administrative Director's own motion whenever the Administrative Director or Medical Director has reason to believe that there has been a violation of Business and Professions Code section 651 or these regulations.  

     Note: Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 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 (b)(2)-(3) and (b)(5)-(6) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

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