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TITLE 28INSURANCE
PART 2TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 127DESIGNATED DOCTOR PROCEDURES AND REQUIREMENTS
SUBCHAPTER BDESIGNATED DOCTOR CERTIFICATION, RENEWAL, AND QUALIFICATIONS
RULE §127.130Qualification Standards for Designated Doctor Examinations

  (5) determines that examining the injured employee would exceed the scope of practice authorized by their license. The division's assignment of a designated doctor exam does not alter the scope of practice authorized by the designated doctor's professional license. Section 127.200(a)(12) of this title requires a designated doctor to notify the division if continuing to participate on a claim would exceed their scope of practice.

  (6) can otherwise demonstrate to the division that their continued service on the claim would be impracticable or could impair the quality of examinations performed on the claim.

(g) Prohibition. The division will prohibit a designated doctor from providing services on a claim if:

  (1) the doctor has failed to become certified as a designated doctor;

  (2) the doctor no longer meets the appropriate qualification standard under subsection (b) of this section to perform examinations on the claim;

  (3) the doctor has a disqualifying association specified in §127.140 of this title that is relevant to the claim;

  (4) the doctor has repeatedly failed to respond to division appointment, clarification, or document requests or other division inquiries about the claim;

  (5) the doctor's continued service on the claim could endanger the health, safety, or welfare of either the injured employee or doctor; or

  (6) the division has revoked or suspended the designated doctor's certification.

(h) License revoked or suspended. The division will prohibit a designated doctor from performing examinations on all new or existing claims if the designated doctor's license has been revoked or suspended, and the suspension has not been probated by an appropriate licensing authority.


Source Note: The provisions of this §127.130 adopted to be effective September 1, 2012, 37 TexReg 5422; amended to be effective November 4, 2018, 43 TexReg 7149; amended to be effective April 30, 2023, 48 TexReg 2123

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