8 CCR § 46.3 — Remote Health Medical-Legal Evaluations.

Where this sits

Division 1. Department of Industrial Relations
Chapter 1.
Division of Workers' Compensation -- Qualified Medical Evaluator Regulations
Article 4. Evaluation Procedures

The regulation, as printed

(a) A remote health evaluation by a QME, AME, or other medical-legal evaluation may be performed through the use of electronic means of creating a virtual meeting between the physician and the injured worker where both parties can visually see and hear each other and may not be in the same physical space or site. (1) Remote health means remote visits via video-conferencing, video-calling, or such similar technology that allows each party to see and converse with the other via a video and audio connection. The evaluation must be conducted with the same standard of care as in person visit and must comply with all relevant state and federal privacy laws. (2) A QME or AME may complete a medical-legal evaluation through remote health when a hands on physical examination is not necessary and all of the following conditions are met: (A) There is a medical issue in dispute which involves whether or not the injury is AOE/COE (Arising Out of Employment / Course of Employment), or the physician is asked to address the termination of an injured worker's indemnity benefit payments or address a dispute regarding work restrictions; and (B) There is agreement in writing to the remote health evaluation by the injured worker, the carrier or employer, and the QME. (C) The remote health evaluation conducted by means of a virtual meeting is consistent with appropriate and ethical medical practices and the AMA Guides 5 th edition, as determined by the QME and the relevant medical licensing board; and (D) The QME attests in writing that the evaluation does not require an in person physical exam. (b) For purposes of QME remote health evaluations conducted under this regulation, the medical office listed on the panel selection form for the QME shall be deemed the site of the remote health evaluation. For all other remote health evaluations conducted under this regulation, the medical office of the physician that is within a reasonable geographic distance from the injured worker's residence shall be deemed the site of the remote health evaluation.

Official text at dir.ca.gov →

The statute above this rule

Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.

ImplementsLabor Code § 4060 Labor Code § 4061

Written under§ 4627

Authority and history

Note: Authority cited: Sections 133, 139.2, 4627 and 5307.3, Labor Code. Reference: Sections 4060 and 4061, Labor Code.

1. New section filed 1-18-2022 as an emergency; operative 1-18-2022 (Register 2022, No. 3). A Certificate of Compliance must be transmitted to OAL by 7-18-2022 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 7-19-2022 as an emergency; operative 7-19-2022 (Register 2022, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-17-2022 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 10-18-2022 as an emergency; operative 10-18-2022 (Register 2022, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-17-2023 or emergency language will be repealed by operation of law on the following day. 4. Certificate of Compliance as to 10-18-2022 order, including amendment of section heading, section and Note , transmitted to OAL 12-19-2022 and filed 2-2-2023; amendments effective 2-2-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 5). This database is current through 2/3/23 Register 2023, No. 5.

No released decision named this rule

Not a comment on the rule — most of Title 8 never reaches a published panel decision, because most of it is followed without argument. The text above is the state's own.

Rules beside this one

Article 4. Evaluation Procedures — regulations rarely stand alone, and the answer is often two sections away.

§ 45Method of Evaluation of Cardiac Disability.
§ 46Method of Evaluation of Neuromusculoskeletal Disability.
§ 46.11 Guidelines for the Evaluation of Foot and Ankle Disability.
§ 46.2QME Emergency Regulation in Response to COVID-19.3 decisions
§ 47Method of Evaluation of Immunologic Disability.
§ 48QME Ethical Guidelines. [Repealed]

The Labor Code above it →

The regulation, as printed

Authority and history

Note: Authority cited: Sections 133, 139.2, 4627 and 5307.3, Labor Code. Reference: Sections 4060 and 4061, Labor Code.

Rules beside this one

Article 4. Evaluation Procedures — regulations rarely stand alone, and the answer is often two sections away.

§ 45Method of Evaluation of Cardiac Disability.

§ 46Method of Evaluation of Neuromusculoskeletal Disability.

§ 46.11 Guidelines for the Evaluation of Foot and Ankle Disability.

§ 46.2QME Emergency Regulation in Response to COVID-19.3 decisions

§ 47Method of Evaluation of Immunologic Disability.

§ 48QME Ethical Guidelines. [Repealed]

Remote Health Medical-Legal Evaluations. 8 CCR § 46.3

Where this sits

The regulation, as printed

The statute above this rule

Authority and history

No released decision named this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.

Remote Health Medical-Legal Evaluations. 8 CCR § 46.3

Where this sits

The regulation, as printed

The statute above this rule

Authority and history

No released decision named this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.