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.