SB 522, as introduced, Mendoza. 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
P2 1injuries or illnesses that are false orbegin insert thatend insert mislead the public with
2respect to workers’ compensation. In promulgating rules with
3respect to advertising, the State Barbegin insert of Californiaend insert and physician
4licensing boards shall also take particular care to achieve the same
5goal.
6(b) For purposes of subdivision (a), false or misleading
7
advertisements shall include advertisements that do any of the
8following:
9(1) Contain an untrue statement.
10(2) Contain any matter, or present or arrange any matter in a
11manner or format that is false, deceptive, or that tends to confuse,
12deceive, or mislead.
13(3) Omit any fact necessary to make the statement made, in the
14light of the circumstances under which the statement is made, not
15misleading.
16(4) Are transmitted in any manner that involves coercion, duress,
17compulsion, intimidation, threats, or vexatious or harassing
18conduct.
19(5) Entice a person to respond by the offering of any
20consideration, including a good or service but excluding free
21medical evaluations or treatment, that would
be provided either at
22no charge or for less than market value.begin delete Noend deletebegin insert Aend insert free medical
23evaluation or treatment shallbegin insert notend insert be offered for the purpose of
24defrauding any entity.
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