BILL NUMBER: SB 522 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 13, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 26, 2015
An act to amend Section 4616.4 of the Labor Code,
relating to workers' compensation. Sections 12505,
12555, 12 558, 12561, 12562, 12563, 12564, 12565, 12566,
12570, 12580, 12581, 12585, 12586, 12587, 12590, 12604, 12605, 12637,
12643, 12645, 12648, 12649, 12670, 12673, 12686, 12688, 12706,
12722, 12724, 12725, and 12728 of, to add Chapter 6.5 (commencing
with Section 12655) to Part 2 of Division 11 of, and to repeal
Sections 12556, 12557, 12723, and 12726 of, the Health and Safety
Code, relating to fireworks.
LEGISLATIVE COUNSEL'S DIGEST
SB 522, as amended, Mendoza. Workers' compensation:
advertisements. State Fireworks Law: fireworks
stewardship program.
Existing law requires various entities, including the State Fire
Marshal, to seize certain prohibited fireworks. Existing law, until
January 1, 2016, requires the State Fire Marshal to manage seized
fireworks and contract with a federally permitted hazardous waste
hauler for the hauling and disposal of seized illegal fireworks, and
to store fireworks determined not to be hazardous, as provided.
Existing law requires the Office of the State Fire Marshal to consult
with public safety agencies and other stakeholders and develop a
model ordinance that permits local jurisdictions to adopt streamlined
enforcement and administrative fine procedures related to possession
of 25 pounds or less of dangerous fireworks.
This bill would repeal the provisions relating to a model
ordinance governing enforcement and administrative fine procedures.
Existing law authorizes the State Fire Marshal to issue and renew
licenses for the manufacture, import, export, sale, and use of all
fireworks and pyrotechnic devices in this state, in accordance with
prescribed procedures.
The bill would, commencing January 1, 2017, prohibit the State
Fire Marshal from issuing or renewing those licenses unless the
applicant for a license or renewal of a license has submitted a
fireworks stewardship plan, as described, that has been approved by
the State Fire Marshal. The bill would establish the Fireworks
Stewardship Program, which would, among other things, prescribe
procedures for entities that are authorized to seize fireworks to
provide for the transfer, storage, transportation, and repurposing of
seized fireworks, in accordance with specified requirements,
including that the fireworks are managed and transported in
accordance with all applicable state and federal hazardous waste laws
and regulations.
The bill would require a fireworks stewardship organization, as
defined, or a manufacturer of fireworks, as described, before it may
take possession of seized fireworks from the State Fire Marshal, to,
not later than January 30, 2016, submit an interim fireworks plan for
approval to the State Fire Marshal, containing specified components
and information, and would prescribe procedures for the approval or
disapproval of the plan. The bill would, no later than July 1, 2016,
require a manufacturer, either individually, or through a fireworks
stewardship organization acting on its behalf, to submit a fireworks
stewardship plan to the State Fire Marshal that meets specified
requirements. The bill would require a manufacturer or a fireworks
stewardship organization, no later than July 1, 2016, and annually
thereafter, to prepare and submit to the State Fire Marshal a
proposed program budget for the following calendar year, with
information relating the anticipated costs of the program.
The bill would require a fireworks stewardship organization to
recommend to the State Fire Marshal an amount for a fireworks
management charge to be added to the price of safe and sane fireworks
at the point of sale, as defined, to fund the program. The bill
would prescribe procedures for the conduct of audits and the
reimbursement of various entities for program costs, and would impose
recordkeeping and reporting requirements on a fireworks stewardship
organization covered under the bill. The bill would authorize the
State Fire Marshal to impose various administrative penalties for
violations of program requirements, and would require that all
revenues collected from those administrative penalties be deposited
in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as
provided.
Existing law provides that criminal fines for violations of the
laws regulating fireworks are distributed by the courts, with 65%
allocated to a fund that supports State Fire Marshal programs
relating to fireworks and explosives enforcement and education, and
35% allocated to reimbursement of the local public safety agencies
for enforcement expenses.
This bill would provide, without specifying further allocation,
that all of these moneys are to be deposited with the county
treasurer of the county in which the court is situated.
Existing law establishes a worker's 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
authorizes an insurer, employer, or entity that provides physician
network services to establish or modify a medical provider network
for the provision of medical treatment to injured employees, and
requires the administrative director to contract with individual
physicians or an independent medical review organization to perform
independent medical reviews.
This bill would clarify that those independent medical reviews are
medical provider network independent medical reviews. The bill would
make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12505 of the Health
and Safety Code is amended to read:
12505. "Dangerous fireworks" includes all of the following:
(a) Any fireworks which contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount
of sodium bicarbonate is included.
(B) In caps and party poppers.
(C) In those small items (such as ground spinners) wherein the
total powder content does not exceed 4 grams of which not greater
than 15 percent (or 600 milligrams) is potassium, sodium, or barium
chlorate.
(4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, called magnalium, are
permitted).
(6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is
permissible in caps and party poppers).
(8) Picrates or picric acid.
(9) Thiocyanates.
(10) Titanium, except in particle size greater than 100-mesh.
(11) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ
any combustible or explosive material and which rise in the air
during discharge.
(d) Roman candles, including all devices which discharge balls of
fire into the air.
(e) Chasers, including all devices which dart or travel about the
surface of the ground during discharge.
(f) Sparklers more than 10 inches in length or one-fourth of one
inch in diameter.
(g) All fireworks designed and intended by the manufacturer to
create the element of surprise upon the user. These items include,
but are not limited to, auto-foolers, cigarette loads, exploding golf
balls, and trick matches.
(h) Fireworks known as devil-on-the-walk, or any other firework
which explodes through means of friction, unless otherwise classified
by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire
Marshal and determined by him, him or her,
with the advice of the State Board of Fire Services, to possess
characteristics of design or construction which make such fireworks
unsafe for use by any person not specially qualified or trained in
the use of fireworks.
SEC. 2. Section 12555 of the Health and
Safety Code is amended to read:
12555. The State Fire Marshal or his or her salaried
deputies may make an examination of the books and records of any
licensee or permittee relative to fireworks, and may visit and
inspect any building or other premises subject to the control of, or
used by, the licensee or permittee for any purpose related to
fireworks of any licensee or permittee at any time he or she
may deem necessary for the purpose of enforcing the provisions
of this part.
SEC. 3. Section 12556 of the
Health and Safety Code is repealed.
12556. In addition to the obligations described in Section
13110.5, on or before July 1, 2008, the State Fire Marshal shall
identify and evaluate methods to capture more detailed data relating
to fires, damages, and injuries caused by both dangerous fireworks
and safe and sane fireworks. These evaluation methods shall include a
cost analysis related to capturing and reporting the data and shall
meet or exceed the specificity, detail, and reliability of the data
captured under the former California Fire Incident Reporting System
(CFIRS). The State Fire Marshal shall furnish a copy of these
evaluation methods to any interested person upon request.
SEC. 4. Section 12557 of the
Health and Safety Code is repealed.
12557. (a) The Office of the State Fire Marshal shall consult
with public safety agencies and other stakeholders as deemed
necessary by the State Fire Marshal and develop a model ordinance
that permits local jurisdictions to adopt a streamlined enforcement
and administrative fine procedures related to the possession of 25
pounds or less of dangerous fireworks. These procedures shall be
limited to civil fines and as authorized pursuant to Section 53069.4
of the Government Code, and provide that the fines collected pursuant
to this section shall not be subject to Section 12706. The model
ordinance shall include provisions for reimbursing the Office of the
State Fire Marshal for the costs associated with the disposal of
seized fireworks and collecting these disposal costs as part of an
administrative fine as described in subdivision (c).
(b) An ordinance of a local jurisdiction in effect on or after
January 1, 2008, that is related to dangerous fireworks and is not
the model ordinance described in subdivision (a) shall, as soon as
practicable, comply with all of the following:
(1) The ordinance shall be amended or adopted to include
provisions for cost reimbursement to the Office of the State Fire
Marshal and the collection of disposal costs as part of an
administrative fine as described in subdivision (c).
(2) The ordinance shall be amended or adopted to provide that the
ordinance shall be limited to a person who possesses or the seizure
of 25 pounds or less of dangerous fireworks.
(3) The ordinance shall be amended or adopted to provide that the
fines collected pursuant to the ordinance shall not be subject to
Section 12706.
(c) The State Fire Marshal shall, in consultation with local
jurisdictions, develop regulations to specify a procedure on how to
cover the cost to the Office of the State Fire Marshal for the
transportation and disposal of dangerous fireworks that are seized by
local jurisdictions. The regulations shall include, but are not
limited to, all of the following:
(1) A cost recovery procedure to collect, as part of an
administrative fine, the actual cost for transportation and disposal
of dangerous fireworks from any person who violates a local ordinance
related to dangerous fireworks.
(2) The method by which the actual cost for transportation and
disposal by the Office of the State Fire Marshal will be calculated.
(3) The method, manner, and procedure the local jurisdiction is
required to follow to forward the amounts collected pursuant to
paragraph (1) to the State Fire Marshal.
SEC. 5. Section 12558 of the Health and
Safety Code is amended to read:
12558. The licensee or permittee shall permit the chief of the
issuing authority, or his or her authorized
representatives, as qualified in Section 12721, to enter and inspect
any building or other premises subject to the control of or used by
the licensee or permittee for any purpose related to fireworks at any
time for the purpose of enforcing the provisions of this part.
SEC. 6. Section 12561 of the
Health and Safety Code is amended to read:
12561. All fireworks examined by the State Fire Marshal and
determined by him or her to come within the definition of
"dangerous fireworks" in Section 12505 shall be classified as
dangerous fireworks.
SEC. 7. Section 12562 of the
Health and Safety Code is amended to read:
12562. All fireworks examined by the State Fire Marshal and
determined by him or her to come within the definition of
"safe and sane fireworks" in Section 12529 shall be classified as
safe and sane fireworks.
SEC. 8. Section 12563 of the
Health and Safety Code is amended to read:
12563. All fireworks examined by the State Fire Marshal and
determined by him or her to come within the definition of
"agricultural and wildlife fireworks" in Section 12503 shall be
classified as agricultural and wildlife fireworks.
SEC. 9. Section 12564 of the
Health and Safety Code is amended to read:
12564. All fireworks examined by the State Fire Marshal and
determined by him or her to come within the definition of
"exempt fireworks" in Section 12508 shall be classified as exempt
fireworks.
SEC. 10. Section 12565 of the Health
and Safety Code is amended to read:
12565. All fireworks or toy propellent devices containing
pyrotechnic compositions examined by the State Fire Marshal and found
by him or her to come within the definition of "model
rocket" or "model rocket engine" in Section 12519 or 12520,
respectively, shall be classified as model rocket engines.
SEC. 11. Section 12566 of the Health and
Safety Code is amended to read:
12566. All pyrotechnic devices examined by the State Fire Marshal
and found by him or her to come within the definition of
"emergency signaling devices" in Section 12506 shall be classified by
the State Fire Marshal as emergency signaling devices.
SEC. 12. Section 12570 of the Health
and Safety Code is amended to read:
12570. The State Fire Marshal may issue any license described in
this part, subject to the regulations which he
that he or she may adopt not inconsistent with the
provisions of this part.
SEC. 1 3. Section 12580 of the
Health and Safety Code is amended to read:
12580. The State Fire Marshal may issue and renew licenses for
the manufacture, import, export, sale, and use of all fireworks and
pyrotechnic devices in this state. Commencing on January 1,
2017, the State Fire Marshal shall not issue wholesale licenses that
include the wholesale of safe and sane fireworks if the applicant for
a license does not have a fireworks stewardship plan that has been
approved by the State Fire Marshal pursuant to Section 12659.
SEC. 1 4. Section 12581 of the
Health and Safety Code is amended to read:
12581. Any person who desires to manufacture, import, export,
sell sell, or use fireworks,
fireworks shall first make written application
for a license to the State Fire Marshal on forms provided by
him. Such him or her. The application shall be
accompanied by the annual license fee as prescribed in this chapter.
SEC. 1 5. Section 12585 of the
Health and Safety Code is amended to read:
12585. Any applicant may withdraw his or her
application for a license or renewal of a license and the State Fire
Marshal may allow the withdrawal when he or she has
determined that it is in the best interest of public safety or the
administration of this part.
SEC. 16. Section 12586 of the Health
and Safety Code is amended to read:
12586. The suspension, expiration, or forfeiture by operation of
law of a license issued by the State Fire Marshal, or its suspension,
forfeiture, or cancellation by order of the State Fire Marshal or by
a court of law, or its surrender to the State Fire Marshal shall
not, during any period in which it may be renewed, restored,
reissued, or reinstated, deprive the State Fire Marshal of his
or her authority to institute or continue disciplinary action
against the licensee upon any ground provided by law, or to enter an
order suspending or revoking a license or otherwise taking
disciplinary action against the licensee on any such ground.
SEC. 1 7. Section 12587 of the
Health and Safety Code is amended to read:
12587. A written report by the State Fire Marshal, any of his
or her deputies, or salaried assistants, or by the chief
of any city or county fire department or fire protection district or
their his or her authorized
representatives, disclosing that the applicant for a license or for
renewal of a license does not meet, or the premises for which the
license is required do not meet, the qualifications or conditions for
such the license as required by this
part or regulations adopted pursuant to this part, may constitute
grounds for denial of any application for the license or renewal of
the license.
SEC. 1 8. Section 12590 of the
Health and Safety Code is amended to read:
12590. The State Fire Marshal may deny or revoke any license
issued pursuant to this part if the State Fire Marshal finds any of
the following conditions has occurred:
(a) The licensee has failed to pay the annual renewal license fee
provided in this chapter.
(b) The licensee or license applicant has violated any provisions
of this part or any regulations adopted by the State Fire Marshal
pursuant to this part.
(c) The licensee or license applicant has created or caused a
fire nuisance.
(d) The licensee has failed to keep full, complete, and accurate
records or failed to file any required reports.
(e) Any fact or condition exists which, if it had existed at the
time of the original application for the license reasonably would
have warranted the State Fire Marshal in refusing originally to issue
the license.
(f) The permit issued under Section 12640 has been rescinded or
revoked by the issuing authority.
(g) Any licensee or license applicant has refused to make
available to the State Fire Marshal full, complete, and accurate
records.
(h) The licensee does not participate in a fireworks stewardship
plan that has been approved by the State Fire Marshal pursuant to
Section 12659.
SEC. 1 9. Section 12604 of the
Health and Safety Code is amended to read:
12604. Following the revocation or voluntary surrender of
a his or her license, or failure to
renew his or her license, any person in lawful possession
of lawfully acquired fireworks for which a license is required may
sell or otherwise dispose of such fireworks only under supervision of
the State Fire Marshal and in such a manner as he
the State Fire Marshal shall provide by
regulations and solely to persons who are authorized to buy, possess,
sell, or use such those fireworks.
Such That disposal shall be
accomplished not later than 90 days from
after the legal revocation, voluntary surrender, or
day that the license expires. expiration of the
license. Any person possessing fireworks pursuant to this
section shall report the disposition of such
the fireworks to the local authority who issued the storage
permit within the time period specified by this section.
SEC. 20. Section 12605 of the Health
and Safety Code is amended to read:
12605. Any A person found guilty of
violating any of the provisions of this part is not eligible to
apply for a new license, apply for a renewal of a license, or take an
examination for any license for a period of one year from the date
of any conviction. The State Fire Marshal may waive the provisions of
this section when he or she finds the granting of a
license will not endanger public safety.
SEC. 21. Section 12637 of the Health
and Safety Code is amended to read:
12637. All fireworks or pyrotechnic devices intended for sale in
this state, which are products of nonlicensed manufacturers, shall be
examined and classified by the State Fire Marshal upon written
application on forms provided by him. Such
him or her. The application shall be accompanied by a fee as
follows:
(a) Ten dollars ($10) for each label of an item of identical size
and design of a given lot or batch, provided that the lot or batch is
identifiable by a code, serial number, shipment lot, case cargo
number, etc.
A
(b) A separate application and
fee shall be submitted for each lot or batch.
The
(c) The State Fire Marshal seal
and the wholesalers or importers registration number shall not be
imprinted on the label until the lot or batch has been examined and
classified.
SEC. 22. Section 12643 of the Health and
Safety Code is amended to read:
12643. Any licensee desiring to do any act specified in Section
12640 shall first make written application for a permit to the chief
of the fire department or the chief fire prevention officer of the
city or county, or to such other another
issuing authority which that may
be designated by the governing body of the city or county. In the
event there is no such officer or person appointed within the area,
application shall be made to the State Fire Marshal or his or
her deputy. Applications for permits shall be made in writing
at least 10 days prior to the proposed act.
SEC. 23. Section 12645 of the Health
and Safety Code is amended to read:
12645. The officer to whom the application for a permit is made
shall undertake an investigation and submit a report of his or
her findings and his or her recommendation
concerning the issuance of the permit, together with his or her
reasons therefor, to the governing body of the city or county.
The applicant for a permit to conduct a public display shall file a
certificate evidencing the possession of a valid public display
license with the officer making the investigation.
SEC. 24. Section 12648 of the Health
and Safety Code is amended to read:
12648. The officer to whom the application for a permit for a
public display of fireworks is made shall make an investigation to
determine whether such a display as proposed will be of such
a character or so located that it may be
hazardous to property or dangerous to any person. He or she
shall, in the exercise of reasonable discretion, recommend
granting or denying the permit, subject to such
those conditions as he or she may prescribe.
SEC. 25. Section 12649 of the Health
and Safety Code is amended to read:
12649. The applicant for a permit for any public display of
fireworks shall, at the time of application, submit his or her
license for inspection and furnish proof that he or she
carries compensation insurance for his or her
employees as provided by the laws of this state.
SEC. 26. Chapter 6.5 (commencing with Section
12655) is added to Part 2 of Division 11 of the Health and
Safety Code , to read:
CHAPTER 6.5. FIREWORKS STEWARDSHIP PROGRAM
12655. This chapter shall be known as the Fireworks Stewardship
Program.
12656. For purposes of this chapter, the following definitions
apply:
(a) "Dangerous fireworks" has the same meaning as Section 12505.
(b) "Fireworks" has the same meaning as Section 12511.
(c) "Fireworks management charge" or "charge" means the charge
imposed on the sale of fireworks and collected at the retail point of
sale, the revenues from which are used to fund the management and
disposal of out-of-state fireworks.
(d) "Fireworks stewardship plan" or "fireworks plan" means a plan
submitted to the State Fire Marshal pursuant to Section 12659.
(e) "Fireworks stewardship organization" means a nonprofit
organization authorized by one or more manufacturers to act on behalf
of manufacturers to provide plans to the State Fire Marshal pursuant
to Section 12658 or 12659.
(f) "Interim fireworks plan" or "interim plan" means an interim
plan submitted to the State Fire Marshal for approval pursuant to
Section 12658.
(g) "Manufacturer" means one of the following persons:
(1) A person or entity that manufactures, and that sells, offers
for sale, or distributes, safe and sane fireworks in the state under
the person's or entity's own name or brand.
(2) If there is no person or entity that sells, offers for sale,
or distributes safe and sane fireworks in the state under the person'
s or entity's own name or brand, the manufacturer of the fireworks is
the owner or licensee of a trademark or brand under which the
fireworks are sold or distributed in the state, whether or not the
trademark is registered.
(3) If there is no person who is a manufacturer pursuant to
paragraph (1) or (2), the manufacturer of the fireworks is the person
who imports the fireworks into the state for sale or distribution.
(h) "Retailer" has the same meaning as Health and Safety Code
Section 12528.
(i) "Safe and sane fireworks" has the same meaning as Section
12529.
(j) "Seizing entity" means any entity authorized to seize
fireworks pursuant to Section 12721.
12657. (a) The seizing entity shall separate any seized fireworks
that are no longer in their original United States Department of
Transportation certified shipping containers, as well as any
fireworks that are identified as dangerous and are not legal for sale
in California or any other state, and ensure that this material is
stored in accordance with all applicable state and federal hazardous
waste laws and regulations. The seizing entity may transfer any
seized fireworks to the fireworks stewardship organization or a
manufacturer for purposes of resale or disposal. If a seizing entity
transfers any seized fireworks to a fireworks stewardship
organization or manufacturer, it shall keep records detailing the
number of pounds of fireworks it transferred. A stewardship
organization shall accept full responsibility for the management and
handling of, and assume liability for any damage caused as a result
of, any fireworks that are transferred pursuant to this chapter, and
shall hold the State of California and the seizing entity harmless
for any damage done by those fireworks.
(b) Notwithstanding any other law, within 30 days of notification
by the seizing entity, the stewardship organization or manufacturer
shall arrange for pickup or transportation of all seized fireworks
that are held by the seizing entity in accordance with one of the
following procedures:
(1) Seized fireworks that are no longer in their original United
States Department of Transportation certified shipping containers,
and those that are identified as dangerous and are not legal for sale
in California or any other state, shall be transported by a
registered hazardous waste transporter, in accordance with all
applicable state and federal hazardous waste laws and regulations,
and all applicable United States Department of Transportation
requirements, to a facility that is authorized by the state where the
facility is located to receive fireworks that are determined to be
hazardous waste.
(2) Seized fireworks that are still in their original United
States Department of Transportation certified shipping containers
shall be transported to a location that is described in an approved
plan submitted pursuant to Section 12658 or 12659, as applicable.
(c) Any seized fireworks that are still in their original United
States Department of Transportation certified shipping containers may
be managed as follows:
(1) To the extent allowed by any applicable state and federal
laws, fireworks that may not legally be sold in California may be
repurposed, and retained by a fireworks stewardship organization
within the state for a period not exceeding 90 days. Before the
expiration of the 90-day period, the stewardship organization shall
ship those fireworks to a site operated by the stewardship
organization or another entity in another state that is authorized to
accept the shipment.
(2) To the extent allowed by any applicable state and federal
laws, any fireworks that may legally be sold in California may be
repurposed and retained by a fireworks stewardship organization and
offered for sale within the state during a legally authorized sales
period.
12658. (a) Before it may legally take possession of seized
fireworks from the State Fire Marshal, a fireworks stewardship
organization or manufacturer shall, not later than January 30, 2016,
submit an interim fireworks plan for approval by the State Fire
Marshal, which shall contain, at a minimum, all of the following:
(1) A plan for the collection, sorting, disposal, or other
disposition of fireworks seized over the July 4, 2016 sales period,
which is in compliance with all appropriate state and federal
hazardous waste laws.
(2) A financial plan for the fireworks stewardship organization or
manufacturer to cover any costs associated with paragraph (1) and
any reasonable costs incurred by the State Fire Marshal to administer
this section, including any required retailer fees.
(b) No later than February 28, 2016, the State Fire Marshal shall
notify the fireworks stewardship organization or manufacturer of the
approval or disapproval of the interim plan submitted pursuant to
subdivision (a). If the State Fire Marshal disapproves of the interim
plan, the State Fire Marshal may require any revision to the plan he
or she deems necessary to protect the public safety or the fiscal
solvency of the fireworks disposal program as a precondition for
approval of the interim plan. A fireworks stewardship organization or
manufacturer shall submit a revised interim plan to the State Fire
Marshal no later than ____ days after the date of receipt of
notification of a disapproved plan. If the fireworks stewardship
organization or manufacturer fails to submit a revised interim plan
to the State Fire Marshal that includes the revisions required by the
State Fire Marshal, or the State Fire Marshal fails to approve the
plan within ____ days of
receipt of the revised plan, the revised plan shall be deemed
disapproved.
(c) The State Fire Marshal or a seizing entity may transfer any
fireworks held from prior fiscal years to a fireworks stewardship
organization or manufacturer during the period from January 1, 2016,
to June 30, 2016. The transfer of those fireworks may only take place
if the proposed transfer is provided for in an approved and
implemented interim plan submitted pursuant to subdivision (a).
(d) The Department of Forestry and Fire Protection may establish
positions during the 2015-16 fiscal year that are necessary to
implement and administer this chapter. Any subsequent funding for
those positions shall occur as part of the regular budget process for
the 2016-17 fiscal year, and each fiscal year thereafter, consistent
with the requirements of the annual Budget Act.
(e) No later than June 1, 2016, a fireworks stewardship
organization or manufacturer shall be required to reimburse the
Department of Forestry and Fire Protection for any actual costs
incurred in funding the positions established pursuant to subdivision
(d).
(f) Before approving the interim fireworks plan submitted pursuant
to subdivision (a), the State Fire Marshal shall consult with
Department of Toxic Substances Control to ensure that the activities
described in the interim plan will be conducted so as to comply with
all state and federal hazardous waste laws and regulations.
12659. (a) No later than July 1, 2016, a manufacturer shall,
individually, or through a fireworks stewardship organization acting
on its behalf, submit for approval a fireworks stewardship plan to
the State Fire Marshal that meets the requirements of this section
and includes all of the following:
(1) A process for collaborating with the State Fire Marshal with
regard to the establishment of program goals and methods of measuring
program outcomes.
(2) A description of education and outreach efforts to nonprofit
organizations, charities, and others who sell safe and sane fireworks
regarding fire protection and prevention, the responsible use of
safe and sane fireworks, and the hazards of illegal fireworks.
(3) A consultation process with affected stakeholders regarding
the plan.
(4) The names of manufacturers and brands of fireworks covered
under the plan.
(5) Procedures to ensure the continued implementation of the
fireworks plan if the manufacturer or the stewardship organization no
longer exists due to bankruptcy, dissolution, or similar events.
(6) A process for ensuring payment to hazardous waste facilities
for the reasonable costs of collecting, storing, and processing
fireworks in the implementation of the fireworks plan pursuant to
this chapter.
(7) A methodology and audit plan for ensuring that any fireworks
that are legal under federal law, and are shipped outside of the
state, do not reenter California.
(8) Provisions requiring an annual report to the State Fire
Marshal documenting the prior year's seizures, shipments, sales, and
disposals.
(9) A plan developed with state and local law enforcement to
reduce the volume of illegal fireworks entering California.
(10) Measures to be implemented to ensure that hazardous waste is
managed in accordance with state and federal hazardous waste laws and
regulations.
(b) Before approving the fireworks stewardship plan prepared
pursuant to subdivision (a), the State Fire Marshal shall consult
with the Department of Toxic Substances Control to ensure that the
activities described in the fireworks stewardship plan will be
conducted in compliance with all state and federal hazardous waste
laws and regulations.
(c) Commencing January 1, 2017, the State Fire Marshal shall not
issue licenses pursuant to Sections 12572 and 12573 to a manufacturer
that is not in compliance with this chapter.
12660. No later than July 1, 2016, and annually thereafter, a
manufacturer or a fireworks stewardship organization shall prepare
and submit to the State Fire Marshal a proposed fireworks program
budget for the following calendar year that includes all of the
following:
(a) Anticipated revenues from the sale of recuperated fireworks
and costs of implementing the program, including costs of related
programs, projects, contracts, and administrative expenses, and
including the costs of complying with state and federal hazardous
waste laws and regulations.
(b) Recommended funding levels sufficient to cover the plan's
budgeted costs and the operating expenses of the program over a
multiyear period in a prudent and responsible manner.
(c) The amount of the fireworks disposal fee for the subsequent
July 4th sales period and an itemization of the estimated proceeds of
the fee.
(d) No later than October 1, 2016, and annually thereafter, the
State Fire Marshal shall approve or disapprove a manufacturer's or
fireworks stewardship organization's final program budget. If the
State Fire Marshal fails to act or does not disapprove a manufacturer'
s or fireworks stewardship organization's final program budget, the
budget shall be deemed approved on ____ of the applicable year.
(e) (1) If the State Fire Marshal disapproves the budget submitted
by a fireworks stewardship organization or manufacturer, the
fireworks stewardship organization or manufacturer shall submit a
revised budget addressing the State Fire Marshal's written reasons
for its decision to disapprove within 30 days of the date the budget
is disapproved.
(2) The State Fire Marshal, within 30 days from the date the
manufacturer or a fireworks stewardship organization submits a
revised budget, shall approve or disapprove a final fireworks program
budget.
12661. (a) A stewardship organization shall recommend to the
State Fire Marshal the amount of a fireworks management charge that
should be added to the purchase price of safe and sane fireworks at
the point of sale.
(b) (1) The amount of the fireworks management charge shall be
sufficient to fund the revenue requirements set forth in the approved
budget.
(2) The stewardship organization shall set the fireworks
management charge as a flat rate based on the type and quantity of
the fireworks purchased and not as a percentage of the purchase
price.
(c) The fireworks management charge shall be included in the
annual program budget for approval by the State Fire Marshal pursuant
to Section 12660.
(d) Once the State Fire Marshal approves or conditionally approves
a budget pursuant to Section 12660, the State Fire Marshal shall
require that a fireworks retailer that sells safe and sane fireworks
to a consumer in the state add the fireworks management charge to the
purchase price of the fireworks sold, and remit the proceeds of the
charge to the fireworks stewardship organization or manufacturer, as
applicable.
(e) The stewardship organization or manufacturer shall determine
the rules and procedures that are necessary and proper to implement
the collection of the charge in a fair, efficient, and lawful manner.
12662. (a) The fireworks stewardship organization or manufacturer
may conduct an audit of those parties that are required to remit the
fee to the manufacturer or stewardship organization to verify that a
fireworks management charge is paid correctly and accurately, and to
ensure that charges are paid and collected pursuant to this chapter
in the correct amount.
(b) An audit conducted pursuant to this section shall be carried
out in accordance with generally accepted auditing practices and
shall be limited in scope to confirming whether the fireworks
management charge has been properly collected on all sales of safe
and sane fireworks to consumers in the state.
(c) For purposes of conducting audits pursuant to this section, a
manufacturer or fireworks stewardship organization shall hire an
independent, third-party auditor.
(d) If a manufacturer or fireworks stewardship organization
conducts an audit pursuant to this section, the organization shall
provide a copy of the audit to the department.
12663. (a) The State Fire Marshal shall prepare a summary of his
or her costs for implementing and enforcing this chapter through the
end of the 2016-17 fiscal year, and for each fiscal year thereafter.
The estimated costs of implementation shall include any costs
incurred by the Department of Toxic Substances Control to review an
interim plan submitted pursuant to Section 12658, or a fireworks plan
submitted pursuant to Section 12659, for compliance with state and
federal hazardous waste laws and regulations.
(b) No later than July 1, 2016, and once every three months
thereafter, and within the fiscal year ending June 30, the fireworks
stewardship organization shall reimburse the State Fire Marshal for
any costs incurred pursuant to subdivision (a).
(c) The State Fire Marshal shall deposit all moneys submitted for
reimbursement of its costs by a fireworks stewardship organization or
manufacturer pursuant to this section into the State Fire Marshal
Fireworks Enforcement and Disposal Fund, created pursuant to Section
12728. Upon appropriation by the Legislature, these moneys may be
expended by the Department of Forestry and Fire Prevention to
administer and enforce this chapter and reimburse any outstanding
loans made from other funds used to finance startup costs of the
department's activities pursuant to this chapter.
12664. (a) A fireworks stewardship organization shall keep
minutes, books, and records that clearly reflect the activities and
transactions of the fireworks stewardship organization conducted
pursuant to this chapter.
(b) The accounting books of a manufacturer or a fireworks
stewardship organization shall be audited at the manufacturer's or
the fireworks stewardship organization's expense by an independent
certified public accountant retained by the manufacturer or fireworks
stewardship organization at least once each calendar year.
(c) The fireworks stewardship organization or manufacturer shall
arrange for the audit to be delivered to the State Fire Marshal. The
State Fire Marshal shall review the audit to evaluate the fireworks
stewardship organization's or manufacturer's compliance with this
chapter and consistency with the plan created pursuant to this
chapter. The State Fire Marshal shall notify a manufacturer or
fireworks stewardship organization of any compliance issues or
inconsistencies. The State Fire Marshal shall not disclose any
confidential proprietary information in the audit.
(d) The State Fire Marshal may conduct its own audit if it
determines that an audit is necessary to enforce the requirements of
this chapter and that the audit conducted pursuant to subdivision (b)
is not adequate for this purpose.
12665. (a) The State Fire Marshal may impose an administrative
civil penalty on any manufacturer or stewardship organization that is
in violation of this chapter. The amount of the civil penalty shall
not exceed five hundred dollars ($500) per day, but if the violation
is intentional, knowing, or reckless, the State Fire Marshal may
impose a civil penalty of not more than five thousand dollars
($5,000) per day.
(b) The State Fire Marshal may impose an administrative civil
penalty on any retailer who is in violation of this chapter. The
amount of the civil penalty shall not exceed five hundred dollars
($500) per day, but if the violation is intentional, knowing, or
reckless, the State Fire Marshal may impose a civil penalty of not
more than five thousand dollars ($5,000) per day.
(c) If more than one stewardship organization submits a plan
pursuant to this chapter, the State Fire Marshal shall determine the
manufacturer's or retailer's compliance with this chapter in
accordance with the plan to which the manufacturer or retailer is
subject.
(d) The State Fire Marshal may impose the administrative civil
penalties pursuant to this section in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except that subdivision (c) of Section 11505 of
the Government Code shall not apply to the department.
(e) The State Fire Marshal shall not impose a penalty upon a
fireworks stewardship organization pursuant to this section for a
failure to comply with this chapter as a result of submitting false
or misleading information if the stewardship organization
demonstrates that it received false or misleading information from a
manufacturer that was the direct cause of its failure to comply with
this chapter.
(f) The State Fire Marshal shall deposit all penalties collected
pursuant to this section into the State Fire Marshal Fireworks
Enforcement and Disposal Fund.
12666. Section 12700 shall not apply to violations of this
chapter.
SEC. 2 7. Section 12670 of the
Health and Safety Code is amended to read:
12670. It is unlawful for any person to advertise that he or
she is in any business or venture involving fireworks or
pyrotechnic devices or shall to cause
his or her name or business name style to be included in
any classified advertisement or directory under a classification
which that includes the word fireworks,
unless he or she is licensed pursuant to this part.
SEC. 28. Section 12673 of the Health
and Safety Code is amended to read:
12673. It is unlawful for any person to store any fireworks
without having in his or her possession a valid permit as
required by this part.
SEC. 29. Section 12686 of the Health
and Safety Code is amended to read:
12686. It is unlawful for any person to use any special effects
fireworks unless he or she possesses a pyrotechnic
operator license.
SEC. 30. Section 12688 of the Health
and Safety Code is amended to read:
12688. It is unlawful for any person to advertise to sell or
transfer any class of fireworks, including agricultural and wildlife
fireworks or model rocket engines, unless he or she
possesses a valid license or permit.
SEC. 31. Section 12706 of the Health
and Safety Code is amended to read:
12706. Notwithstanding Section 1463 of the Penal Code, all fines
and forfeitures imposed by or collected in any court of this state,
except for administrative fines described in Section 12557, as a
result of citations issued by a public safety agency, for any
violation of subdivision (b) of Section 12700 or of any regulation
adopted pursuant to subdivision (b) of Section 12700, shall be
deposited, as soon as practicable after the receipt of the fine or
forfeiture, with the county treasurer of the county in which the
court is situated. Amounts deposited pursuant to this
section shall be paid at least once a month as follows:
(a) Sixty-five percent to the Treasurer, by warrant of the county
auditor drawn upon the requisition of the clerk or judge of the
court, for deposit in the State Fire Marshal Fireworks Enforcement
and Disposal Fund, as described in Section 12728, on order of the
Controller. At the time of the transmittal, the county auditor shall
forward to the Controller, on the form or forms prescribed by the
Controller, a record of the imposition, collection, and payments of
the fines or forfeitures.
(b) Thirty-five percent to the local public safety agency in the
county in which the offense was committed to reimburse the local
public safety agency for expenses, including, but not limited to, the
costs for handling, processing, photographing, and storing seized
dangerous fireworks.
SEC. 32. Section 12722 of the Health
and Safety Code is amended to read:
12722. The following fireworks may be seized pursuant to Section
12721:
(a) Those fireworks which are sold, offered for sale, possessed,
stored, used, or transported within this state prior to having been
examined, classified, and registered by the State Fire Marshal,
except those specific items designated as samples pending
examination, classification, and registration by the State Fire
Marshal where the licensee provides documentary evidence that
such the action by the State Fire
Marshal is pending.
(b) All imported fireworks possessed without benefit of the
filing of notices as required by this part.
(c) Safe and sane fireworks stored in violation of the conditions
required by the permit as provided in this part.
(d) Safe and sane fireworks sold or offered for sale at retail
which that do not bear the State Fire
Marshal label of registration and firing instructions.
(e) Safe and sane fireworks sold or offered for sale at retail
which that are in unsealed packages or
containers which that do not bear the
State Fire Marshal label of registration and firing instructions.
(f) Safe and sane fireworks sold or offered for sale at retail
before 12 noon on the 28th day of June or after 12 noon on the sixth
day of July of each year.
(g) Each safe and sane fireworks item sold or offered for sale at
retail which that does not have its
fuse or other igniting device protected by a cap approved by the
State Fire Marshal, or groups of fireworks with exposed fuses
which that are not enclosed in sealed
packages which that bear the State Fire
Marshal label of registration. The State Fire Marshal shall approve
such caps as he those caps that he or she
determines provide reasonable protection from unintentional
ignition of the fireworks.
(h) Dangerous fireworks, including fireworks kits, used,
possessed, stored, manufactured, or transported by any person who
does not possess a valid permit authorizing any activity listed in
this part.
(i) Any fireworks stored or sold in any public garage or public
oil station, or on any premises where gasoline or any other class 1
flammable liquids are stored or dispensed.
(j) Any fireworks still possessed by a person who has just thrown
any ignited fireworks at any person or group of persons.
(k) Any model rocket engines or model rockets with engines
possessed by any person not holding a valid permit.
( l ) Any emergency signaling device sold, offered for
sale, or used which that does not bear
the State Fire Marshal label of registration as required by this
part.
(m) Any fireworks or pyrotechnic device offered for sale by any
person violating any provision of this part.
SEC. 33. Section 12723 of the Health
and Safety Code , as added by Section 10 of Chapter 24 of
the Statutes of 2015, is repealed.
12723. (a) The authority seizing fireworks under the provisions
of this chapter shall notify the State Fire Marshal not more than
three days following the date of seizure and shall state the reason
for the seizure and the quantity, type, and location of the
fireworks. Fireworks, with the exception of dangerous fireworks,
seized pursuant to Section 12721 shall be disposed of by the State
Fire Marshal in the manner prescribed by the State Fire Marshal at
any time subsequent to 60 days from the seizure or 10 days from the
final termination of proceedings under the provisions of Section
12593 or 12724, whichever is later. Dangerous fireworks shall be
disposed of according to procedures in Sections 12724 and 12726.
Fireworks seized by any authority as defined in this chapter, other
than the State Fire Marshal or his or her salaried assistants, shall
be held in trust for the State Fire Marshal by that authority.
(b) This section shall become operative on January 1, 2016.
SEC. 34. Section 12724 of the Health
and Safety Code is amended to read:
12724. (a) Any person whose fireworks are seized under the
provisions of this chapter may, within 10 days after seizure,
petition the State Fire Marshal entity seizing
the fireworks to return the fireworks seized upon the ground
that the fireworks were illegally or erroneously seized. Any petition
filed pursuant to this section shall be considered by the
State Fire Marshal entity seizing the fireworks
within 15 days after filing or after a hearing granted to the
petitioner, if requested. The State Fire Marshal
entity seizing the fireworks shall advise the petitioner
of his or her decision in writing. The determination of the
State Fire Marshal entity seizing the fireworks
is final unless within 60 days after seizure an action is commenced
in a court of competent jurisdiction in the State of California for
the recovery of the fireworks seized pursuant to this part, except as
provided in subdivision (b).
(b) The determination of the State Fire Marshal
entity seizing the fireworks is final in the case of the
seizure of dangerous fireworks, unless within 20 days after the
notice of the determination is mailed to the petitioner an action is
commenced in a court of competent jurisdiction in the State of
California for the recovery of the fireworks seized pursuant to this
part.
SEC. 35. Section 12725 of the Health and
Safety Code is amended to read:
12725. The State Fire Marshal, his or her salaried
deputies, or any chief or his or her authorized
representatives as qualified in this chapter may prevent, stop, or
cause to be stopped, any public display in progress, or any proposed
public display, when the location, discharge, or firing of such
public display is determined by him or her to be hazardous
to property or dangerous to the public.
SEC. 36. Section 12726 of the Health
and Safety Code , as added by Section 12 of Chapter 24 of
the Statutes of 2015, is repealed.
12726. (a) The dangerous fireworks seized pursuant to this part
shall be disposed of by the State Fire Marshal in the manner
prescribed by the State Fire Marshal at any time after the final
determination of proceedings under Section 12724, or upon final
termination of proceedings under Section 12593, whichever is later.
If no proceedings are commenced pursuant to Section 12724, the State
Fire Marshal may dispose of the fireworks after all of the following
requirements are satisfied:
(1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be
destroyed.
(4) The State Fire Marshal has given written approval for the
destruction of the dangerous fireworks. This approval shall specify
the total weight of the dangerous fireworks seized, the total weight
of the dangerous fireworks to be destroyed, and the total weight of
the dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
(c) If dangerous fireworks are seized pursuant to a local
ordinance that provides for administrative fines or penalties and
these fines or penalties are collected, the local government entity
collecting the fines or penalties shall forward 65 percent of the
collected moneys to the Controller for deposit in the State Fire
Marshal Fireworks Enforcement and Disposal Fund, as described in
Section 12728.
(d) This section shall become operative on January 1, 2016.
SEC. 37. Section 12728 of the Health
and Safety Code is amended to read:
12728. (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
(b) All of the moneys collected pursuant to Section 12706 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of public safety agencies in the proper handling and
management of dangerous fireworks.
(b) All of the moneys deposited in the
fund pursuant to Section 12663 shall be expended, upon appropriation
by the Legislature, only as provided in that section.
(c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for all of the following:
(1) To further assist in statewide programs for the enforcement,
prosecution related to, disposal, and management of seized dangerous
fireworks.
(2) The education of public safety agencies in the proper handling
and management of dangerous fireworks as well as safety issues
involving all fireworks and explosives.
(3) Assist the State Fire Marshal in identifying and evaluating
methods to capture more detailed data relating to fires, damages, and
injuries caused by both dangerous and safe and sane fireworks, and
to assist with funding the eventual development and implementation of
those methods.
(4) To further assist in public safety and education efforts
within the general public as well as public safety agencies on the
proper and responsible use of safe and sane fireworks.
SECTION 1. Section 4616.4 of the Labor Code is
amended to read:
4616.4. (a) (1) The administrative director shall contract with
individual physicians, as described in paragraph (2), or an
independent medical review organization to perform medical provider
network (MPN) independent medical reviews pursuant to this section.
(2) Only physicians licensed pursuant to Chapter 5 (commencing
with Section 2000) of the Business and Professions Code may be
independent medical reviewers.
(3) The administrative director shall ensure that the independent
medical reviewers or those within the review organization shall do
all of the following:
(A) Be appropriately credentialed and privileged.
(B) Ensure that the reviews provided by the medical professionals
are timely, clear, and credible, and that reviews are monitored for
quality on an ongoing basis.
(C) Ensure that the method of selecting medical professionals for
individual cases achieves a fair and impartial panel of medical
professionals who are qualified to render recommendations regarding
the clinical conditions consistent with the medical utilization
schedule established pursuant to Section 5307.27, or the American
College of Occupational and Environmental Medicine's Occupational
Medicine Practice Guidelines.
(D) Ensure that confidentiality of medical records and the review
materials, consistent with the requirements of this section and
applicable state and federal law.
(E) Ensure the independence of the medical professionals retained
to perform the reviews through conflict-of-interest policies and
prohibitions, and ensure adequate screening for conflicts of
interest.
(4) Medical professionals selected by the administrative director
or the independent medical review organizations to review medical
treatment decisions shall be physicians, as specified in paragraph
(2) of subdivision (a), who meet the following minimum requirements:
(A) The medical professional shall be a clinician knowledgeable in
the treatment of the employee's medical condition, knowledgeable
about the proposed treatment, and familiar with guidelines and
protocols in the area of treatment under review.
(B) Notwithstanding any other provision of law, the medical
professional shall hold a nonrestricted license in any state of the
United States, and for physicians, a current certification by a
recognized American medical specialty board in the area or areas
appropriate to the condition or treatment under review.
(C) The medical professional shall have no history of disciplinary
action or sanctions, including, but not limited to, loss of staff
privileges or participation restrictions taken or pending by any
hospital, government, or regulatory body.
(b) If, after the third physician's opinion, the treatment or
diagnostic service remains disputed, the injured employee may request
MPN independent medical review regarding the disputed treatment or
diagnostic service still in dispute after the third physician's
opinion in accordance with Section 4616.3. The standard to be
utilized for MPN independent medical review is identical to that
contained in the medical treatment utilization schedule established
in Section 5307.27, or the American College of Occupational and
Environmental Medicine's Occupational Medicine Practice Guidelines,
as appropriate.
(c) Applications for MPN independent medical review shall be
submitted to the administrative director on a one-page form provided
by the administrative director entitled "MPN Independent Medical
Review Application." The form shall contain a signed release from the
injured employee, or a person authorized pursuant to law to act on
behalf of the injured employee, authorizing the release of medical
and treatment information. The injured employee may provide any
relevant material or documentation with the application. The
administrative director or the independent medical review
organization shall assign the independent medical reviewer.
(d) Following receipt of the application for MPN independent
medical review, the employer or insurer shall provide the independent
medical reviewer, assigned pursuant to subdivision (c), with all
information that was considered in relation to the disputed treatment
or diagnostic service, including both of the following:
(1) A copy of all correspondence from, and received by, any
treating physician who provided a treatment or diagnostic service to
the injured employee in connection with the injury.
(2) A complete and legible copy of all medical records and other
information used by the physicians in making a decision regarding the
disputed treatment or diagnostic service.
(e) Upon receipt of information and documents related to the
application for MPN independent medical review, the independent
medical reviewer shall conduct a physical examination of the injured
employee at the employee's discretion. The reviewer may order any
diagnostic tests necessary to make his or her determination regarding
medical treatment. Utilizing the medical treatment utilization
schedule established pursuant to Section 5307.27, or the American
College of Occupational and Environmental Medicine's Occupational
Medicine Practice Guidelines, as appropriate, and taking into account
any reports and information provided, the reviewer shall determine
whether the disputed health care service was consistent with Section
5307.27 or the American College of Occupational and Environmental
Medicine's Occupational Medicine Practice Guidelines based on the
specific medical needs of the injured employee.
(f) The independent medical reviewer shall issue a report to the
administrative director, in writing, and in layperson's terms to the
maximum extent practicable, containing his or her analysis and
determination whether the disputed health care service was consistent
with the medical treatment utilization schedule established pursuant
to Section 5307.27, or the American College of Occupational and
Environmental Medicine's Occupational Medicine Practice Guidelines,
as appropriate, within 30 days of the examination of the injured
employee, or within less time as prescribed by the administrative
director. If the disputed health care service has not been provided
and the independent medical reviewer certifies in writing that an
imminent and serious threat to the health of the injured employee may
exist, including, but not limited to, serious pain, the potential
loss of life, limb, or major bodily function, or the immediate and
serious deterioration of the injured employee, the report shall be
expedited and rendered within three days of the examination by the
independent medical reviewer. Subject to the approval of the
administrative director, the deadlines for analyses and
determinations involving both regular and expedited reviews may be
extended by the administrative director for up to three days in
extraordinary circumstances or for good cause.
(g) The independent medical reviewer's analysis shall cite the
injured employee's medical condition, the relevant documents in the
record, and the relevant findings associated with the documents or
any other information submitted to the reviewer in order to support
the determination.
(h) The administrative director shall immediately adopt the
determination of the independent medical reviewer, and shall promptly
issue a written decision to the parties.
(i) If the determination of the independent medical reviewer finds
that the disputed treatment or diagnostic service is consistent with
Section 5307.27 or the American College of Occupational and
Environmental Medicine's Occupational Medicine Practice Guidelines,
the injured employee may seek the disputed treatment or diagnostic
service from a physician of his or her choice from within or outside
the medical provider network. Treatment outside the medical provider
network shall be provided consistent with Section 5307.27 or the
American College of Occupational and Environmental Medicine's
Occupational Practice Guidelines. The employer shall be liable for
the cost of any approved medical treatment in accordance with Section
5307.1 or 5307.11.