North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter C - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR UTILIZATION OF REHABILITATION PROFESSIONALS IN WORKERS' COMPENSATION CLAIMS › Section .0100 - ADMINISTRATION › Section 23C .0108 - INTERACTION WITH PHYSICIANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At the
				  initial visit with a physician the rehabilitation professional shall provide
				  identification in the form of a company identification or business card and
				  explain the rehabilitation professional's role in the case.
(b) In all cases, the rehabilitation
				  professional shall advise the worker that the worker has the right to a private
				  examination by the health care provider outside of the presence of the
				  rehabilitation professional. If the worker prefers, he or she may request that
				  the rehabilitation professional accompany him or her during the examination.
				  However, if the worker or the worker's attorney notifies the rehabilitation
				  professional in writing that the worker desires a private examination, no
				  subsequent waiver of that right shall be effective unless the waiver is made in
				  writing by the worker or, if represented, by the worker's attorney.
(c) If the rehabilitation professional needs
				  to have an in-person conference with the physician following an examination,
				  the rehabilitation professional shall reserve with the physician sufficient
				  appointment time for the conference. The worker shall be offered the
				  opportunity to attend the conference with the physician. If the worker or the
				  physician does not consent to a joint conference, or if in the physician's
				  opinion it is medically contraindicated for the worker to participate in the
				  conference, the rehabilitation professional shall note this in his or her
				  report, may communicate directly with the physician, and shall report the
				  substance of the communication.
(d)
				  When the rehabilitation professional determines that it is necessary to
				  communicate with a physician other than at a joint meeting, the rehabilitation
				  professional shall first notify the injured worker, or his or her attorney if
				  represented, of the rehabilitation professional's intent to communicate and the
				  reasons therefore. The rehabilitation professional is not required to obtain
				  the injured worker's or his or her attorney's prior consent if:
(1) The communication is limited to
				  scheduling issues or requests for time-sensitive medical records;
(2) A medical emergency is
				  involved;
(3) The injured worker's
				  health or medical treatment would either be adversely affected by a delay or
				  benefited by immediate action;
(4)
				  The communication is limited to advising the physician of the employer or
				  carrier approval for recommended testing or treatment;
(5) The injured worker or attorney has
				  consented to the communications;
(6) The communication is initiated by the
				  physician; or
(7) The injured
				  worker failed to show up for a scheduled appointment or arrived at a time other
				  than the scheduled appointment time.
When a rehabilitation professional communicates with a
					 physician without the prior consent or presence of the injured worker, the
					 rehabilitation professional must document the reasons for and the substance of
					 the communication and report the reasons and substance to the injured worker or
					 his or her attorney, if represented, pursuant to Rule .0106 of this
					 Subchapter.