1. Advertising 1 Flashcards
What is the definition of ‘Administrative Director’ as used in the Article regarding Advertising?
The Administrative Director refers to the Administrative Director of the Division of Workers’ Compensation of the State of California Department of Industrial Relations including his or her designee.
What is included in the term ‘Advertising copy’ as defined in the article?
Advertising copy includes any ‘public communication’ as defined in Business and Professions Code Section 651 or any communication regarding the availability for professional employment of any physician made by or on behalf of any physician to the general public or a substantial portion thereof.
What type of advertising is deemed ‘advertising copy’ concerning medical services?
Advertising that concerns medical services regarding industrial injuries or illnesses that benefits any physician and is placed by any medical clinic medical service organization or other non-physician third party shall be deemed ‘advertising copy’ subject to these regulations.
What does the term ‘Medical Board’ refer to in the context of advertising regulations?
The ‘Medical Board’ refers to the Medical Board of California as established in the Business and Professions Code.
What is the definition of ‘Medical Director’ according to Code Section 2001?
The Medical Director is defined as the physician appointed pursuant to Labor Code Section 122 or a person designated by that physician.
How is the term ‘Physician’ defined in Code Section 2001?
The term ‘Physician’ has the meaning defined in Labor Code Section 3209.3.
What does ‘QME’ stand for and how is it defined in Code Section 2001?
QME stands for Qualified Medical Evaluator which is defined in Labor Code Section 139.2.
What sections of the Labor Code are cited as authority in Code Section 2001?
The authority cited includes Sections 133 139.4 139.45 and 5307.3 of the Labor Code.
Which sections of the Labor Code are referenced in Code Section 2001?
The referenced sections are 139.2 139.4 and 139.45 of the Labor Code.
When is a document deemed filed according to the regulations?
A document filed under these regulations is deemed filed on the date it is received by the Administrative Director.
What is prohibited in terms of advertising copy according to Code Section 153?
The use of false or misleading advertising copy is prohibited. No physician subject to these regulations or any person acting on their behalf may use advertising that implies guarantees warranties or predictions intended to create an impression of reliability or assurance that may mislead the public.
What constitutes a false or unjustified expectation in physician advertising?
A false or unjustified expectation in physician advertising refers to the promotion that suggests favorable results concerning the outcome of the employment of the physician without a truthful basis.
What are the restrictions on the use of names in physician advertising?
Any advertising copy that uses a firm name trade name fictitious business name or other professional designation must not state or imply a relationship between any physician in private practice and any governmental agency or entity except for information related to being a Qualified Medical Evaluator.
What is the exception allowed for Qualified Medical Evaluators in advertising?
A physician currently or previously certified by the Administrative Director as a Qualified Medical Evaluator may state this fact in advertising copy curriculum vitae or descriptive text for the duration that it is true and correct.
What is prohibited regarding claims of credibility for medical-legal reports?
Advertising copy that states or implies that a medical-legal report written by any physician or a group of physicians has any special degree of credibility by any workers’ compensation judge or judges is prohibited.
What type of advertising behavior is cautioned against in medical-legal examinations?
Any advertising copy that advises or recommends the securing of any medical-legal examination must be carefully framed to avoid misleading implications or unjustified expectations.
What is a Qualified Medical Evaluator (QME)?
A Qualified Medical Evaluator (QME) is an individual physician currently certified by the Administrative Director according to California Labor Code section 139.2. They are authorized to perform medical evaluations related to workers’ compensation cases.
What regulations govern the use of the term ‘Qualified Medical Evaluator’?
The use of the term ‘Qualified Medical Evaluator’ or the designation ‘QME’ is regulated such that it can only be used in advertising to identify individual physicians who are certified by the Administrative Director as per Labor Code section 139.2.
Why should advertising copy avoid the phrases ‘Agreed Medical Evaluator’ or ‘Independent Medical Examiner’?
Advertising copy should avoid these phrases unless they are used to refer to physicians who are currently recognized as such under the law. Misuse can imply that non-certified individuals are qualified which is misleading and potentially illegal.
What are the implications of using a fictitious business name that includes terms like ‘QME’ or ‘IME’?
Using a fictitious business name that includes terms like ‘Qualified Medical Evaluator’ ‘Independent Medical Examiner’ or their abbreviations is prohibited unless the business or individuals are certified and recognized under the applicable legal standards.
What should advertising copy never imply about a physician’s status in relation to ‘Agreed Medical Evaluator’ or ‘IME’?
Advertising copy must never imply or state that a physician has an ongoing title appointment or professional status as an ‘Agreed Medical Examiner’ ‘Agreed Medical Evaluator’ ‘Independent Medical Examiner’ ‘AME’ or ‘IME’ unless they are currently recognized as such by the relevant authorities.
What legal framework governs the certification of QMEs in California?
California Labor Code section 139.2 governs the certification and regulation of Qualified Medical Evaluators (QMEs) in the state setting standards for qualifications and conduct.
What penalty could be incurred by misrepresenting a physician’s status as a QME or IME?
Misrepresenting a physician’s status as a QME or IME can lead to legal repercussions such as fines loss of certification and potential disciplinary action from the medical board.
What additional terms are similar to ‘Qualified Medical Evaluator’ that are also regulated?
Similar terms that are regulated include ‘Qualified Medical Examiner’ ‘Agreed Medical Evaluator’ ‘Agreed Medical Examiner’ ‘Independent Medical Examiner’ and their abbreviations (QME AME IME).
What is the significance of maintaining accurate titles in medical advertising?
Maintaining accurate titles ensures compliance with legal standards promotes transparency in medical evaluations and protects patients from being misled about the qualifications of the medical professionals they consult.
What is the role of the Administrative Director in terms of QMEs?
The Administrative Director is responsible for certifying individual physicians as Qualified Medical Evaluators (QMEs) and ensuring adherence to statutory regulations as stipulated in the Labor Code.
What is the role of an Agreed Medical Examiner (AME) in the California Workers’ Compensation system?
An Agreed Medical Examiner (AME) is a physician designated to conduct examinations and provide evaluations about industrial injuries or illnesses for workers’ compensation cases. They are appointed by both the injured worker and the employer to offer an impartial medical opinion.
What is the role of an Independent Medical Examiner (IME) in the California Workers’ Compensation system?
An Independent Medical Examiner (IME) is a physician who conducts a medical evaluation and provides an opinion on an injured worker’s condition. They are not chosen by either party and operate independently mostly to resolve disputes regarding the severity of an injury extent of disability or necessary medical treatment.
What are the permissible contents of advertising for a physician acting as an AME or IME in California?
The permissible advertising content includes: 1. The name of each physician affiliated with or participating in the physician’s practice. 2. The address telephone number and business hours of the office or offices. 3. The areas of practice for each physician. 4. An individual physician’s appointment as a Qualified Medical Evaluator (QME). 5. A statement of any past periods during which the physician was certified as a QME.
What specific details must advertising include about the physician’s practice areas?
Advertising must accurately describe the areas of practice in which each physician engages to inform the public about their specialties and expertise.
Can a physician not currently certified as a Qualified Medical Evaluator (QME) mention past certifications in their advertising?
Yes a physician who is not currently certified as a QME may state any periods in the past during which they were certified as an evaluator in their curriculum vitae or descriptive text.
What information is required to be included regarding a physician’s office in their advertising?
The advertising must include the address telephone number and business hours of the office or offices of the physician.
Is it permissible for a physician to advertise a QME appointment directly?
Yes a physician can advertise their appointment as a Qualified Medical Evaluator (QME) in their marketing materials.
What governing body certifies physicians as Qualified Medical Evaluators in California?
The Administrative Director is the governing body that certifies physicians as Qualified Medical Evaluators (QMEs) in California.
What must be ensured in the advertising content used by physicians as AME or IME to adhere to regulations?
The advertising content must accurately state all required information without misleading the public ensuring compliance with the regulations governing permissible advertising content.
What is required if a physician states they are Board Certified?
If a physician states they are Board Certified they must include the name of the certifying board in their statement.
What does Business and Professions Code Section 651 relate to regarding physicians?
Business and Professions Code Section 651 authorizes Board Certified physicians or those who limit their practice to specific fields.
What must be disclosed about languages spoken in a medical practice?
The physician must disclose any languages spoken fluently by themselves or their staff.
What is required regarding diagnostic or therapeutic facilities in a physician’s practice?
A physician must provide a description of any diagnostic or therapeutic facilities available in their practice.
What does ‘surgery or hospitalization on a lien basis’ refer to?
It refers to the availability of surgical procedures or hospital services that can be billed after the treatment typically when a patient is involved in a lawsuit.
What information should be provided regarding appointment scheduling?
The usual time frame for scheduling appointments or producing medical reports must be stated.
How must all billings be processed according to regulatory guidelines?
All billings must be made in compliance with the Official Medical Fee Schedule promulgated by the Administrative Director.
What biographic information about the physician must be included in advertisements?
Biographic information must encompass the physician’s educational background internships residencies hospital affiliations professional affiliations and professional publications.
What are the consequences of a physician disseminating false advertising?
If a physician disseminates false advertising they may face professional disciplinary action as it violates the standards of medical advertising set forth by legal regulations.
What is the importance of compliance with advertising regulations in medicine?
Compliance with advertising regulations is crucial to ensure ethical standards protect patient welfare and maintain public trust in the medical profession.
What must be done before using any material related to industrial injury or illness that is not specified in subsection a?
A written application must be submitted to the Administrative Director for approval.
Under what condition will the Administrative Director approve requests for advertising material related to workers’ compensation?
Requests will be approved if they do not contain material that is false or likely to mislead the public regarding workers’ compensation.
What must happen before advertising copy submitted to the Council can be used?
The advertising copy must receive written approval from the Administrative Director.
Who can file a complaint regarding a physician’s advertising practices?
Any person may file a complaint with the Medical Director.
What law’s provisions can be allegedly violated in a complaint against a physician’s advertising?
Business and Professions Code Section 651.
What form must complaints filed with the Medical Director take?
Complaints must be in writing.
What specific information must be included in a complaint filed with the Medical Director?
- The full name and address of the party filing the complaint. 2. The full name and address of the physician against whom the complaint is filed.
What is the role of the Medical Director in relation to complaints about physicians?
The Medical Director reviews complaints that allege physicians are using advertising copy in violation of specified provisions.
What type of material is subject to approval by the Administrative Director in the context of workers’ compensation?
Any material related to industrial injury or illness that is not specified in subsection a.
What criteria can lead to the rejection of advertising material by the Administrative Director?
Material that is false or likely to mislead the public with respect to workers’ compensation.
What is the initial requirement from the complainant when filing a complaint regarding physician advertising?
The complainant must provide as much information as possible to assist the Administrative Director in identifying the physician who used the advertisement even if they are unable to identify the physician.
What is required if the complainant has a copy of the advertising?
If available the complainant should provide a copy of the advertising against which the complaint is made or at least a detailed description of the medium in which the advertising appeared.
What should the description of the advertising medium include according to the guidelines?
The description must contain sufficient details regarding the manner and form in which the advertising copy was published to allow the Administrative Director to obtain a copy of the advertising.
What specific grounds must be detailed in the complaint about the advertising copy?
The complaint must include a detailed statement of the grounds on which the advertising copy is alleged to violate Business and Professions Code Section 651 or the regulations related to advertising.
Where should all complaints filed regarding physician advertising be submitted?
All complaints should be filed with the Medical Director at the Division of Workers’ Compensation P.O. Box 71010 Attention Medical Unit Oakland CA 94612.
