SB 258, as introduced, Lieu. Workers’ compensation: advertisements.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers’ compensation, and requires the administrative director to take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers’ compensation.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 139.45 of the Labor Code is amended to
2read:
(a) In promulgating regulations pursuant to Sections
4139.4 and 139.43, the administrative director shall take particular
5care to preclude any advertisements with respect to industrial
6injuries or illnesses that are false orbegin insert thatend insert mislead the public with
P2 1respect to workers’ compensation. In promulgating rules with
2respect to advertising, the State Bar and physician licensing boards
3shall also take particular care to achieve the same goal.
4(b) For purposes of subdivision (a), false or misleading
5advertisements shall include advertisements that do any of the
6following:
7(1) Contain an untrue statement.
8(2) Contain any matter, or present or arrange any matter in a
9manner or format that is false, deceptive, or that tends to confuse,
10deceive, or mislead.
11(3) Omit any fact necessary to make the statement made, in the
12light of the circumstances under which the statement is made, not
13misleading.
14(4) Are transmitted in any manner that involves coercion, duress,
15compulsion, intimidation, threats, or vexatious or harassing
16conduct.
17(5) Entice a person to respond by the offering of any
18consideration, including a good or service but excluding free
19medical evaluations or treatment, that would be provided either at
20no charge or for less than market value. No free medical evaluation
21or treatment shall be offered for the
purpose of defrauding any
22entity.
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