SB 542, as introduced, Mendoza. Workers’ compensation.
Existing law prohibits a person or entity, other than physicians or attorneys, from advertising, printing, displaying, publishing, distributing, or broadcasting in any manner a statement concerning services or benefits to be provided to an injured worker, which is paid for by that person or entity that is false, misleading, or deceptive. Violation of these provisions is a misdemeanor punishable by incarceration in the county jail for not more than one year, or by a fine not exceeding $10,000, or by both that imprisonment and fine.
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 139.43 of the Labor Code is amended to
2read:
(a) begin deleteNo end deletebegin insertA end insertperson or entity shallbegin insert notend insert advertise, print,
4display, publish, distribute, or broadcast, or cause or permit to be
5advertised, printed, displayed, published, distributed, or broadcast
6in any manner,begin delete anyend deletebegin insert aend insert statement concerning services or benefits to
7be provided to an injured worker,begin delete thatend deletebegin insert
whichend insert is paid for directly
P2 1or indirectly by that person or entity and is false, misleading, or
2deceptive, or that omits material information necessary to make
3the statement therein not false, misleading, or deceptive.
4(b) As soon as reasonably possible, but not later than January
51, 1994, the administrative director shall adopt regulations
6governing advertising by persons or entities other than physicians
7and attorneys with respect to services or benefits for injured
8workers. In promulgating regulations pursuant to this subdivision,
9the administrative director shall review existing regulations,
10including those adopted by the State Bar, to identify those
11regulatory approaches that may serve as a model for regulations
12required by this subdivision.
13(c) A violation of subdivision (a) is a misdemeanor, punishable
14by incarceration in the county
jail for not more than one year, or
15by a fine not exceeding ten thousand dollars ($10,000), orbegin insert byend insert both
16begin insert that imprisonment and fineend insert.
17(d) This section shall not apply to physicians or attorneys. It is
18the intent of the Legislature to exempt physicians and attorneys
19from this section because the conduct regulated by this section,
20with respect to physicians and attorneys, is governed by other
21provisions of law.
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