Title 8. Industrial Relations

Division 1. Department of Industrial Relations

Chapter 4.5. Division of Workers' Compensation

Subchapter 1. Administrative Director -Administrative Rules

Article 5. Predesignation of Personal Physician; Request for Change of Physician; Reporting Duties of the Primary Treating Physician; Petition for Change of Primary Treating Physician

§9780. Definitions.

As used in this Article:

(a) “Claims Administrator” means a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, a self-administered joint powers authority, a self-administered legally uninsured, or a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, or joint powers authority.

(b) “Emergency health care services” means health care services for a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to place the patient's health in serious jeopardy.

(c) “Facility” means a hospital, clinic or other institution capable of providing the medical, surgical, chiropractic or hospital treatment which is reasonably required to cure or relieve the employee from the effects of the injury.

(d) “First aid” is any one-time treatment, and a follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters, etc., which do not ordinarily require medical care. Such one-time treatment, and follow-up visit for the purpose of observation, is considered first aid, even though provided by a physician or registered professional personnel.

(e) “Personal Physician” means (1) the employee's regular physician and surgeon, licensed pursuant to Chapter 5 (commencing with section 2000) of Division 2 of the Business and Professions Code, (2) who has been the employee's primary care physician, and has previously directed the medical treatment of the employee, and (3) who retains the employee's medical records, including the employee's medical history. “Personal physician” includes a medical group, if the medical group is a single corporation or partnership composed of licensed doctors of medicine or osteopathy, which operates an integrated multispecialty medical group providing comprehensive medical services predominantly for nonoccupational illnesses and injuries.

(f) “Primary Care Physician” means a physician who has the responsibility for providing initial and primary care to patients, for maintaining the continuity of patient care, and for initiating referral for specialist care. A primary care physician shall be either a physician who has limited his or her practice of medicine to general practice or who is a board-certified or board-eligible internist, pediatrician, obstetrician-gynecologist, or family practitioner.

(g) “Reasonable geographic area” within the context of Labor Code section 4600 shall be determined by giving consideration to:

(1) The employee's place of residence, place of employment and place where the injury occurred; and

(2) The availability of physicians in the fields of practice, and facilities offering treatment reasonably required to cure or relieve the employee from the effects of the injury;

(3) The employee's medical history;

(4) The employee's primary language.

Note: Authority cited: Sections 59, 133 and 4603.5, Labor Code . Reference: Section 4600, Labor Code.

HISTORY

1. Repealer of Article 5 (Sections 9783-9785, 9787 and 9788) and new Article 5 (Sections 9780-9787) filed 1-28-76 as an emergency; effective upon filing (Register 76, No. 5). For prior history, see Register 70, No. 49, and Register 72, No. 51.

2. Certificate of Compliance filed 1-29-76 (Register 76, No. 5).

3. New subsections (f)-(i) filed 11-7-78; effective thirtieth day thereafter (Register 78, No. 45).

4. Repealer and new article 5 heading and amendment of section and Note filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).

5. Editorial correction of subsection (f) (Register 2007, No. 7).

6. Change without regulatory effect amending subsection (f) filed 2-21-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).

7. Repealer of subsection (e) and subsection relettering filed 2-12-2014; operative 7-1-2014 pursuant to Government Code section 11343.4 (Register 2014, No. 7).