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AB-3025 Workers’ compensation: advertisements.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
AB3025:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3025

Introduced by Assembly Member Carrillo

February 16, 2018

An act to amend Section 139.45 of the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 3025, as introduced, Carrillo. 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 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   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 139.45 of the Labor Code is amended to read:

139.45.
 (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall 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. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.
(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:
(1) Contain an untrue statement.
(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.
(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.
(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity.