By Solomons H.B. No. 1049
77R1416 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility to act as a designated doctor under the
1-3 workers' compensation system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 408.122(b), Labor Code, is amended to
1-6 read as follows:
1-7 (b) [To be eligible to serve as a designated doctor, a
1-8 doctor must meet specific qualifications, including training in the
1-9 determination of impairment ratings. The executive director shall
1-10 develop qualification standards and administrative policies to
1-11 implement this subsection, and the commission may adopt rules as
1-12 necessary.] To the extent possible, a designated doctor must be in
1-13 the same discipline and licensed by the same board of examiners as
1-14 the employee's doctor of choice.
1-15 SECTION 2. Subchapter G, Chapter 408, Labor Code, is amended
1-16 by adding Section 408.1221 to read as follows:
1-17 Sec. 408.1221. TRAINING AND CERTIFICATION REQUIREMENT FOR
1-18 DESIGNATED DOCTORS. (a) To be eligible to serve as a designated
1-19 doctor, a doctor must complete the training required by this
1-20 section and be certified by the commission as a certified workers'
1-21 compensation medical examiner.
1-22 (b) The commission by rule shall adopt a training program
1-23 for applicants for certification that consists of at least:
1-24 (1) 16 hours of training on the impairment rating
2-1 guidelines described by Section 408.124;
2-2 (2) 12 hours of training on the requirements of this
2-3 subtitle and commission rules; and
2-4 (3) 12 hours of training on relevant appeals panel
2-5 decisions and other information the commission determines to be
2-6 relevant.
2-7 (c) A doctor who completes the training required by
2-8 Subsection (b) must pass an examination prescribed by the
2-9 commission before the commission may certify the doctor as a
2-10 certified workers' compensation medical examiner. The commission
2-11 shall adopt rules regarding the contents and administration of the
2-12 examination. The commission by rule may accept an examination
2-13 prepared and administered by a private testing service as
2-14 satisfying the requirements of this subsection.
2-15 (d) The commission shall adopt rules providing an expiration
2-16 date for a certification issued under this section and requirements
2-17 for the renewal of the certification, including continuing
2-18 education requirements.
2-19 (e) The commission shall set reasonable fees necessary to
2-20 administer this section.
2-21 SECTION 3. (a) This Act takes effect September 1, 2001.
2-22 (b) The Texas Workforce Commission shall adopt rules and
2-23 implement the designated doctor training program as required by
2-24 this Act not later than September 1, 2002.
2-25 (c) The change in law made by this Act by the addition of
2-26 Section 403.1221(a), Labor Code, applies only to the eligibility of
2-27 a designated doctor on or after January 1, 2003. The eligibility
3-1 of a designated doctor before that date is governed by the law in
3-2 effect immediately before the effective date of this Act, and the
3-3 former law is continued in effect for that purpose.