9. Apportionment and reapportionment 5 Flashcards
What is required for licensure by the Board of Psychology according to Section 2914 of the Business and Professions Code?
An individual must have not less than five years postdoctoral experience in the treatment of emotional and mental disorders or have served as an AME (Agreed Medical Evaluator) on eight or more occasions prior to January 1 1990 and also have not less than five years postdoctoral experience in the diagnosis and treatment of emotional and mental disorders.
What are the certification requirements for Doctors of Chiropractic regarding Workers Compensation Evaluation in California?
Doctors of Chiropractic must provide a copy of a current or valid certificate in California Workers Compensation Evaluation. This certificate must be issued by either a California professional chiropractic association or an accredited California college recognized by the Administrative Director and require a minimum of 25 hours completed.
What time frame is specified for a valid certificate in California Workers Compensation Evaluation when applying?
The certificate must have been obtained within the three years prior to the current application.
Define the term ‘AME’ in the context of the requirements for the Board of Psychology.
AME stands for Agreed Medical Evaluator which refers to a medical professional who has been designated to evaluate an individual’s medical condition related to a specific legal or workplace issue.
What is the significance of postdoctoral experience in the licensure of psychologists as per the Business and Professions Code?
Postdoctoral experience is significant as it ensures that the psychologist has substantial practical experience in treating emotional and mental disorders which is crucial for effective practice and client safety.
Why is there a minimum hours requirement for the California Workers Compensation Evaluation certificate?
The minimum hours requirement ensures that practitioners have received adequate training and education to competently evaluate workers compensation cases ensuring professional standards and quality of care.
What constitutes a ‘current’ certificate for Doctors of Chiropractic in California?
A ‘current’ certificate refers to one that is still valid and has been obtained or renewed within the last three years from the time the application is submitted.
What must psychologists demonstrate regarding their experience in relation to emotional and mental disorders for Board licensure?
Psychologists must demonstrate either at least five years of postdoctoral experience specifically treating emotional and mental disorders or a combination of being an AME on eight prior occasions along with at least five years of postdoctoral experience in diagnosis and treatment areas.
What roles do recognized professional chiropractic associations play in the certification process in California?
Recognized professional chiropractic associations issue certifications that confirm a chiropractor’s qualifications and training in Workers Compensation Evaluation thereby ensuring that practitioners meet state regulatory standards.
What is the minimum course requirement for physicians to become certified as a Qualified Medical Evaluator (QME)?
Physicians must complete a course of at least sixteen (16) hours in disability evaluation report writing prior to appointment as a QME.
Are Chiropractic doctors exempt from QME course requirements?
Yes Doctors of Chiropractic who submit documentation showing compliance with specific section 11a4 are exempt from the sixteen-hour course requirement.
What is SFI Form 124 related to the QME application?
SFI Form 124 is attached to the applicant’s QME Form 100 and requires the applicant to report their specified financial interests accurately and fully according to section 29 of Title 8 of the California Code of Regulations.
What happens if the Administrative Director requests supplemental information after submitting the QME Form 100?
If requested by the Administrative Director the applicant must provide supplemental information or documentation to verify their eligibility for appointment as a QME.
What restrictions are placed on a QME during an evaluation exam?
A QME shall agree that during a QME evaluation exam they will not treat or offer treatment to the individual being evaluated.
What is section 11.5 of the relevant article about?
Section 11.5 outlines the requirement for a course in disability evaluation report writing that is mandatory for physicians seeking certification as a QME.
Why is the accurate reporting on SFI Form 124 important for QME applicants?
Accurate reporting on SFI Form 124 is essential for transparency and compliance with state regulations regarding financial interests to ensure the integrity of the evaluation process.
What document must all QME applicants submit to apply for certification?
QME applicants must submit QME Form 100 as part of their application.
What legislation governs the appointment of QMEs in California?
The appointment of QMEs in California is governed by Title 8 of the California Code of Regulations.
What is the role of the Administrative Director regarding QME applications?
The Administrative Director reviews QME applications and may request additional information or documentation to confirm the applicant’s eligibility.
What is a QME in the context of California workers’ compensation?
A Qualified Medical Evaluator (QME) is a medical professional who is certified to perform evaluations to determine the extent and nature of an injured worker’s medical condition as it relates to work-related injuries in California.
What are the limitations on a QME when it comes to providing medical treatment to injured workers?
A QME may not solicit or provide medical treatment for an injury for which they have conducted a QME evaluation except in the case of a medical emergency as defined in the Health and Safety Code. A QME can provide treatment if specifically requested by the employee under section 4600 of the Labor Code but cannot offer or solicit it.
What disciplinary actions can a QME face if they solicit medical treatment from an injured worker?
A QME who solicits an injured worker to receive direct medical treatment or to become their primary treating physician shall be subject to disciplinary action as provided in section 60 of the applicable regulations.
What are the requirements for a QME when submitting their application?
The applicant for QME status must declare under penalty of perjury: 1. They have an unrestricted California license and are not on probation from the state licensing board or if they have a restricted license or are on probation they must detail those restrictions and terms. 2. They devote at least one-third of their professional time to the practice of medicine.
Under which section of the Labor Code can an employee request treatment from a QME?
An employee can request treatment from a QME pursuant to section 4600 of the Labor Code.
What happens if a QME has a restricted license or is on probation?
If a QME has a restricted license or is currently on probation they must clearly state all restrictions on the license and the terms of their probation when applying for QME status.
What is the minimum required commitment of professional time that a QME must dedicate to the practice of medicine?
A QME must devote at least one-third of their professional time to the practice of medicine.
What is required of an applicant regarding practice time for direct medical treatment during their term of appointment?
The applicant must have a specified total practice time providing direct medical treatment during each year of their term of appointment. However this requirement does not apply if the applicant served as an AME on 8 or more occasions in the year prior to application and in each year of their term.
What is an AME?
An AME stands for Agreed Medical Evaluator. They are physicians who assess the medical conditions of injured workers to aid in determining the extent of their injuries and their eligibility for benefits.
What is the significance of section 15 in the context of QME appointment requirements?
If the applicant meets the requirements of section 15 they may not need to meet certain regular appointment requirements regarding practice time.
What does QME stand for and what is its relevance?
QME stands for Qualified Medical Evaluator. A QME is a physician designated to evaluate injured workers and prepare reports for the Workers’ Compensation system.
Under what condition can an applicant be waived from the requirement of not performing a QME evaluation without QME certification?
The requirement does not apply if the applicant has not performed a QME evaluation without QME certification.
What examination must an applicant pass to become a QME?
The applicant must pass the QME Competency Examination. If the applicant is an acupuncturist they must pass the QME Competency Examination specifically for acupuncturists.
Who is eligible to take the QME Competency Examination?
A physician who is not currently appointed as a QME and who does not qualify for exemption under Labor Code section 139b1 is considered to have applied to take the examination.
What is the role of Labor Code section 139b1 in QME applications?
Labor Code section 139b1 provides criteria under which a physician may be exempt from certain requirements for the QME appointment process.
What does section 29 of Title 8 of the California Code of Regulations pertain to?
Section 29 of Title 8 relates to the financial interest information that must be reported by applicants for QME certification.
What are the consequences of not accurately reporting financial interest information on QME Form 124?
Failure to accurately report financial interest information can result in disqualification from QME certification or potential legal ramifications.
What is the required application form for the QME competency examination according to 8 Cal. Code Regs. section 100?
The properly-completed Application for Appointment Form is the required application form for the QME competency examination.
Where can you find the Registration Form for the QME Competency Examination?
The Registration Form for the QME Competency Examination can be found in section 102 of the 8 Cal. Code Regs.
What is the application fee for the QME competency examination?
The fee for applying to take or retake the QME competency examination is $125.00.
Can the application fee for the QME competency examination be waived?
Yes the application fee may be waived by the Administrative Director at their discretion for first-time applicants.
How much notice must the Administrative Director give regarding the date time and location of the QME competency examination?
The Administrative Director must give public notice at least sixty (60) calendar days before the examination is to be given.
How many days prior to the examination must an applicant submit their application forms?
An applicant must submit the properly completed forms at least forty-five (45) calendar days prior to the examination.
How will an applicant be informed about their eligibility to take the QME competency examination?
The Administrative Director shall inform the applicant in writing whether they will be allowed to take the examination.
What is the significance of section 11f1 in relation to the QME competency examination application?
Section 11f1 outlines the properly completed forms that must be submitted to the Administrative Director for the examination application.
What is the role of the Administrative Director concerning the QME competency examination?
The Administrative Director is responsible for overseeing the examination process including the approval of applicants setting dates and locations and determining fees related to the QME competency examination.
What regulations govern the QME competency examination applications and processes?
The QME competency examination applications and processes are governed by the California Code of Regulations specifically sections 100 102 and 11f2.
What is the timeframe for the Administrative Director to notify the applicant of their examination results after taking the QME competency examination?
The Administrative Director shall inform the applicant in writing whether or not they passed the examination within sixty (60) calendar days from the date the applicant takes the competency examination.
How long does an applicant have to file the QME Fee Assessment Form after passing the QME competency examination?
An applicant who passes the QME competency examination shall file the QME Fee Assessment Form within thirty (30) days of the date of the notice.
What must an applicant complete before being appointed to the official QME list?
The physician shall not be appointed to the official QME list until the appropriate fee is paid and has completed a disability evaluation report writing course pursuant to section 11.5.
What is the term duration for appointments on the official QME list?
Appointments shall be for two-year terms beginning with the date of appointment by the Administrative Director.
What can happen to an applicant suspected of cheating during the QME competency examination?
Any applicant who is suspected of cheating upon good cause shown by the test administrator may be disqualified from the examination.
What is the appropriate legal reference for the QME Fee Assessment Form submission?
The appropriate legal reference for the QME Fee Assessment Form submission is found in Section 103 of the California Code of Regulations specifically 8 Cal. Code Regs. section 103.
What happens if a fee is not paid after passing the QME competency examination?
If the appropriate fee is not paid after passing the QME competency examination the physician will not be appointed to the official QME list.
What constitutes good cause for disqualification during the QME competency examination?
Good cause for disqualification during the examination refers to any reasonable evidence or circumstances presented by the test administrator that indicates potential cheating or misconduct on the part of the applicant.
What is the role of the Administrative Director in the QME competency examination process?
The Administrative Director is responsible for receiving the properly-completed forms notifying applicants of their examination results appointing qualified individuals to the official QME list and enforcing necessary regulations.
How many days does the applicant have to submit the completed fee assessment form after being informed of their passing status?
The applicant has thirty (30) calendar days to submit the completed QME Fee Assessment Form after receiving the notification of passing the examination.
What is the consequence of cheating on a QME examination?
An applicant who is found to have cheated in a QME examination will be denied further admittance to any QME examination for a period of at least five years.
What happens if an applicant fails to follow test instructions during a QME exam?
If an applicant fails to follow test instructions or proctor instructions before during or at the conclusion of the examination they shall be disqualified from the examination procedure and their exam will be nullified.
What can an applicant do if they fail the QME competency examination or fail to appear for it?
If an applicant fails the competency examination or fails to appear for the noticed QME examination they may apply to take subsequent examinations by submitting a new test application form and paying a fee of $125.
What requirement must an applicant meet after failing the QME exam three times?
An applicant who fails the exam three times must show proof of having completed six (6) hours of continuing education from a course approved by the Administrative Director before they can take the examination again.
What is the fee for submitting a new test application form after failing a QME exam?
The fee for submitting a new test application form after failing a QME exam is $125.
What legislation governs the QME examination process regarding disqualification?
The procedure outlined for disqualification of applicants who fail to follow the test or proctor instructions is governed by the regulations set forth specifically referred to as 8 Cal. Code Regs. 102.
How long is the disqualification period for cheating on a QME exam?
The disqualification period for cheating on a QME exam is at least five years.
What is the process for appealing a failing grade on a competency exam?
Candidates who receive a failing grade on a competency exam may appeal to the Administrative Director. Appeals can be submitted immediately after completing the examination and will be accepted until ten days after receiving the examination results letter.
What must an appeal include?
The appeal must state specific facts outlining why the failing grade should be overturned.
What legal code governs the appeals process for competency exams?
The appeals process is governed by Section 6254g of the Government Code.
What factors does the Administrative Director consider when reviewing an appeal?
The Administrative Director considers appeals based solely on the written appeal and any supporting documentation submitted by the physician.
