1. (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. (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. (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:

      1. (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
      2. (B) There is agreement in writing to the remote health evaluation by the injured worker, the carrier or employer, and the QME.
      3. (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
      4. (D) The QME attests in writing that the evaluation does not require an in person physical exam.
   3. (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.

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

History

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 A Certificate of Compliance must be transmitted to OAL by 7-18-2022 or emergency language will be repealed by operation of law on the following day.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).