California Regulations 33 30

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§ Unavailability of QME



(a) A QME who will be unavailable to accept appointments to a QME panel for a period of 14 days or more for any reason, including a change of address, shall notify the Medical Director by submitting the form in Section 109. The form shall be filed with the Medical Director 30 days prior to the period ofunavailability. The Medical Director may, in his or her discretion, grant a notice of unavailability withinthe 30 day period in cases of injury or illness to the QME or his or her immediate family.

(b) It shall not be an acceptable reason for unavailability that a QME does not intend to performcomprehensive medical-legal evaluations for unrepresented workers. A QME who has filednotification for unavailability for more than 90 calendar days during the calendar year without goodcause may be denied reappointment subject to Section 52. Good cause includes, but is not limitedto sabbaticals or death of immediate family member.

(c) If an unrepresented employee is unable to obtain an appointment for an evaluation with a selectedQME within 60 days after an appointment request, the employee may report the unavailability of theQME to the Medical Director. The Medical Director shall provide a replacement QME at random to beadded to the employees panel in accordance with Section 31(d). The employee may choose to waivehis or her right to replacement QME and accept a later appointment with the originally selected QME orselect one of the two remaining QMEs on the panel.

(d) If a QME fails to notify the Medical Director, by submitting the form in Section 109, of his or herunavailability at a medical office due to a change in address for that office within 30 days of the change,the Medical Director may designate the QME to be unavailable at that location for 30 days from thedate the Medical Director learns of the change in address. At that time, a certified letter will be sent to the QME by the IMC regarding his/her unavailability. If the IMC does not receive a response within 30 days of the date of certification of the letter, then the QME will be made inactive at that location.

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