Cal. Code Regs. tit. 8, § 39.5
Retention of Records by QMEs.
Effective Feb 17, 2009Register 2009, No. 3Authority cited: Sections 133, 139.2(j)(1) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4062.5, Labor Code; and Section 14755, Government Code.State of California
- (a) All QMEs shall retain a copy of all comprehensive medical-legal reports completed by the QME for a period of five years from the date of each evaluation report. A QME may satisfy this requirement by retaining only an electronic copy of the report, as long as the electronic copy retained is a true and correct copy of the original, showing the QME signature, that was served on the parties. Upon written request, a QME is required to return original radiological films, imaging studies and original medical records to the person who supplied the original records to the QME or to the injured worker.
- (b) An evaluator shall submit all comprehensive medical/legal reports performed as a QME under this article to the Medical Director upon request for a review by the Medical Director. Failure to submit evaluations upon request by the Medical Director may constitute grounds for disciplinary action pursuant to Section 60.
Note: Authority cited: Sections 133, 139.2(j)(1) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4062.5, Labor Code; and Section 14755, Government Code.
History
1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).