(a)
Applications for appointment as a QME shall be submitted on the form in section
100 (QME Form 100). The completed application form, and any supporting
documentation as required by the application, shall be filed at the
Administrative Director's office listed on the form in section100. Upon his or
her approval of each application form and supporting documentation, the
Administrative Director shall certify, as eligible to sit for the QME
competency examination, those applicants who meet all of the statutory and
regulatory eligibility requirements. Any application for appointment may be
rejected if it is incomplete, contains false information or does not contain
the required supporting documentation listed in section11.
(b) The Administrative Director may deny
appointment or reappointment to any physician who has performed a QME
evaluation or examination without valid QME certification at the time of
examining the injured worker or the time of signing the initial or follow-up
evaluation report. An applicant serving a period of probation imposed by the
applicant's professional licensing board or agency may be allowed to take the
QME examination while on probationary license status. Applications for
appointment or reappointment from physicians who are on probationary license
status with a California licensing board or agency while the QME application is
pending shall be reviewed by the Medical Director on a case-by-case basis
consistent with the provisions of Labor Code section
139.2(m).
(c) No physician who has been convicted of a
felony or misdemeanor related to his or her practice shall be appointed or
reappointed as a QME. An applicant who has been convicted of any other type of
felony or misdemeanor may be denied appointment or reappointment.
(d) Any physician who, while under
investigation or after the service of a statement of issues or accusation for
alleged violations of these regulations or the Labor Code, withdraws his or her
application for appointment or reappointment, resigns or fails to seek
reappointment as a QME, shall be subject to having the disciplinary process
reactivated whenever an application for appointment or re-appointment is
subsequently filed. In the event any of the alleged violations are found to
have occurred, the physician's application for appointment or reappointment may
be denied by the Administrative Director.
NOTE: Form is available at no charge by downloading from
the web at www.dir.ca.gov/dwc/forms.html or by
requesting at 1-800-794-6900.
Notes
Cal. Code Regs. Tit.
8, §
10
Note: Authority cited: Sections
133,
139.2 and
5307.3, Labor
Code; and Section
730,
Business and Professions Code. Reference: Sections
139.2,
4060,
4061,
4062,
4062.1 and
4062.2, Labor
Code; and Section
730,
Business and Professions Code.
1. Relocation of
article 2 heading and new section filed 8-1-94; operative 8-31-94 (Register 94,
No. 31).
2. Amendment of section filed 8-23-96; operative 9-22-96
(Register 96, No. 34).
3. Amendment filed 4-14-2000; operative
5-14-2000 (Register 2000, No. 15).
4. Amendment of section and Note
filed 1-13-2009; operative 2-17-2009 (Register 2009, No.
3).
