| (IV) physical medicine and rehabilitation; or
(V) occupational medicine.
(ii) Qualifying AOABOS certifications are:
(I) emergency medicine;
(II) orthopedic surgery;
(III) plastic surgery;
(IV) physical medicine and rehabilitation;
(V) preventive medicine/occupational-environmental
medicine; or
(VI) preventive medicine/occupational.
(G) To examine complicated infectious diseases requiring
hospitalization or prolonged intravenous antibiotics, including blood
borne pathogens, a designated doctor must be board-certified by the
ABMS or AOABOS.
(i) Qualifying ABMS certifications are:
(I) internal medicine; or
(II) occupational medicine.
(ii) Qualifying AOABOS certifications are:
(I) internal medicine;
(II) preventive medicine/occupational-environmental
medicine; or
(III) preventive medicine/occupational.
(H) To examine chemical exposure, excluding chemical
burns, a designated doctor must be board-certified by the ABMS or
AOABOS.
(i) Qualifying ABMS certifications are:
(I) internal medicine;
(II) emergency medicine; or
(III) occupational medicine.
(ii) Qualifying AOABOS certifications are:
(I) internal medicine;
(II) emergency medicine;
(III) preventive medicine/occupational-environmental
medicine; or
(IV) preventive medicine/occupational.
(I) To examine heart or cardiovascular conditions,
a designated doctor must be board-certified by the ABMS or AOABOS.
(i) Qualifying ABMS certifications are:
(I) internal medicine;
(II) emergency medicine;
(III) occupational medicine;
(IV) thoracic and cardiac surgery; or
(V) family medicine.
(ii) Qualifying AOABOS certifications are:
(I) internal medicine;
(II) emergency medicine;
(III) preventive medicine/occupational-environmental
medicine;
(IV) preventive medicine/occupational;
(V) thoracic and cardiovascular surgery; or
(VI) family practice and osteopathic manipulative treatment.
(c) Qualification to perform initial examination. To
be qualified to perform an initial examination on an injured employee,
a designated doctor, other than a chiropractor, must be qualified
under Labor Code §408.0043. A designated doctor who is a chiropractor
must be qualified to perform an initial designated doctor examination
under Labor Code §408.0045.
(d) Exemption from qualification standards. If a designated
doctor is not available with the qualifications listed in subsections
(b)(9)(A) - (I), the division may exempt a medical doctor or doctor
of osteopathy from any of the qualification standards specified in
this chapter to serve as a designated doctor to help timely resolve
a dispute or perform a particular examination.
(e) Continuity of examinations. A designated doctor
who performs an initial designated doctor examination of an injured
employee and meets the appropriate qualification standard to perform
that examination under subsection (b) of this section will remain
assigned to that claim and perform all subsequent examinations of
that injured employee unless the division authorizes or requires the
designated doctor to discontinue providing services on that claim.
(f) Removal of designated doctor from a claim. The
division may authorize a designated doctor to stop providing services
on a claim if the doctor does any of the following:
(1) decides to stop practicing in the workers' compensation
system.
(2) decides to stop practicing as a designated doctor
in the workers' compensation system.
(3) relocates their residence or practice.
(4) asks the division to indefinitely defer the doctor's
availability on the designated doctor list.
(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.
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| 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 |
