Texas Regulations 127.5

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§ 127.5 Scheduling Designated Doctor Appointments.

(a) The division, within 10 days after approval of a valid request, shall issue an order that assigns a designated doctor and shall notify the designated doctor, the treating doctor, the injured employee, the injured employee's representative, if any, and the insurance carrier that the designated doctor will be directed to examine the injured employee. The order shall:

(1) indicate the designated doctor's name, license number, examination address and telephone number, and the date and time of the examination or the date range for the examination to be conducted; (2) explain the purpose of the designated doctor examination; (3) require the injured employee to submit to an examination by the designated doctor; (4) require the designated doctor to perform the examination at the indicated examination address; and (5) require the treating doctor, if any, and insurance carrier to forward all medical records in compliance with 127.10(a)(3) of this title (relating to General Procedures for Designated Doctor Examinations). (b) The examination address indicated on the order in subsection (a)(4) of this section may not be changed by any party or by an agreement of any parties without good cause and the approval of the division. (c) Except as provided in subsection(d) of this section, the division shall select the next available doctor on the designated doctor list for a medical examination requested under 127.1 of this title (relating to Requesting Designated Doctor Appointments). A designated doctor is available to perform an examination at any address the doctor has filed with the division if the doctor: (1) does not have any disqualifying associations as described in 180.21 of this title (relating to Division Designated Doctor List); (2) has credentials appropriate to the issue in question, the injured employee's medical condition, and as required by Labor Code 408.0043, 408.0044, 408.0045, and applicable rules; (3) is on the designated doctor list on the day the examination is offered; and (4) has not treated or examined the injured employee in a non-designated doctor capacity within the past 12 months and has not examined or treated the injured employee in a non-designated doctor capacity with regard to a medical condition being evaluated in the designated doctor examination. (d) If the division has previously assigned a designated doctor to the claim at the time a request is made, the division may use that doctor again if the doctor meets the requirements of subsection (c)(1) - (4) of this section. Examinations under this subsection must be conducted at the same examination address as the designated doctor's previous examination of the claimant or at another examination address approved by the division. (e) The designated doctor's office and the injured employee shall contact each other if there exists a scheduling conflict for the designated doctor appointment. The designated doctor or the injured employee who has the scheduling conflict must make the contact at least 24 hours prior to the appointment. The 24-hour requirement will be waived in an emergency situation. The rescheduled examination shall be set to occur within 21 days of the originally scheduled examination. Within 24 hours of rescheduling, the designated doctor shall contact the division's field office, the injured employee or the injured employees representative, if any, and the insurance carrier with the time and date of the rescheduled examination. If the examination cannot be rescheduled within 21 days of the originally scheduled examination, the designated doctor shall notify the division immediately, and the division may select a new designated doctor. (f) This section becomes effective on February 1, 2011.

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