Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 8.1. Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising

§9821. Coverage and Exclusions.

(a) This article does not apply to attorneys, as defined in Section 9820(d), or physicians, as defined in Section 9820(i). Nothing in this article shall be construed to obviate or lessen the obligations of attorneys or physicians under Labor Code Sections 5430 through 5434, or under other provisions of law. A person who was not licensed to practice in California at the time of the act or omission is not considered an attorney or physician under this article, and these regulations apply to such a person.

(b) This article does not apply to government agencies, labor organizations as defined in Labor Code Section 1117, charitable organizations, or non-profit tax-exempt bar associations whose primary business or purpose is other than providing workers' compensation services as defined in Section 9820(k), or to agents or employees of any of these exempt entities while acting for them.

(c) This article does apply to all other advertisers, as defined in Section 9820(c), even though an advertiser who is subject to this article may also be subject to attorney or physician workers' compensation advertising laws because the person advertises with or for an attorney or physician.

(d) The provisions of this article are not exclusive. The Administrative Director may use the remedies in this article and any other remedies provided by law.

(e) Any waiver of this article is void as against public policy.

(f) This article shall not be construed to authorize the unlawful practice of law or medicine by any person.

NOTE: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.

HISTORY

1. New section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).

2. Amendment of subsection (a) filed 8-7-95; operative 8-7-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 32).