DWC Adopts Rules for Designated Doctor Program

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) has adopted two rules: amendments to 28 Texas Administrative Code (TAC) Chapter 127, Designated Doctor Procedures and Requirements, and amendments to 28 TAC Section 180.23.

The DWC said the rules are intended to improve the designated doctor program.

The rules, including the updated designated doctor certification testing requirements in Section 127.100(a)(3) will be effective on April 30, 2023. However, two sections have specific effective dates:

• For designated doctor examinations on or after June 5, 2023, Section 127.10 states that a designated doctor may provide multiple certifications of maximum medical improvement and impairment ratings only when DWC directs.
• For designated doctor examination assignments made on or after June 5, 2023, Section 127.130 updates qualification standards for designated doctor examinations.

  In response to a public comment, DWC revised Section 127.130(f) by adding a reference to the designated doctor’s duty in Section 127.200(a)(12) to notify DWC if continuing to participate on a claim would exceed their scope of practice, to note that DWC’s assignment of a designated doctor examination does not alter the scope of practice authorized by the designated doctor’s professional license, and to make editorial adjustments for readability.

DWC is also considering updates to three forms that relate to the rules:

• DWC Form-032, Request for designated doctor examination.
• DWC Form-067, Designated doctor certification application.
• DWC Form-068, Designated doctor examination data report

Source: DWC