NAC616C.021. Rating physician or chiropractor: Designation; qualifications; maintenance of designation; authority; review of rating evaluation by Administrator.

     1. The designation of a rating physician or chiropractor pursuant to NRS 616C.490 must be in writing.

     2. To qualify for designation, a physician or chiropractor must:

     (a) Possess the qualifications required of a physician or chiropractor who is appointed to the panel of physicians and chiropractors established pursuant to NRS 616C.090 and NAC 616C.003.

     (b) Demonstrate a special competence and interest in industrial health by:

          (1) Completing:

               (I) An appropriate level of training, as determined by the Administrator, related to industrial health from a nationally recognized program that provides training related to industrial health; or

               (II) One year or more of experience concerning industrial health in private practice. The Administrator shall determine whether the experience in private practice concerning industrial health is sufficient to qualify for designation as a rating physician or chiropractor on a case-by-case basis.

          (2) Except as otherwise provided in subsection 3, successfully completing a course on rating disabilities, in accordance with the most recent edition of the Guide, that is approved by the Administrator.

          (3) Except as otherwise provided in subsection 3, passing an examination on evaluating disabilities and impairments that is administered by the American Board of Independent Medical Examiners or its successor organization, or by any other organization or company recognized by the Division.

          (4) Except as otherwise provided in subsection 3, passing the Nevada Impairment Rating Skills Assessment Test which is administered by the American Academy of Expert Medical Evaluators or its successor organization and which examines the practical application of the rating of disabilities in accordance with the Guide with a score of 75 percent or higher.

     (c) Demonstrate an understanding of:

          (1) The regulations of the Division related to the evaluation of permanent partial disabilities; and

          (2) The Guide.

     3. The Administrator may exempt an ophthalmologist or psychiatrist who is authorized to practice in this State from the requirements set forth in subparagraphs 2, 3 and 4 of paragraph (b) of subsection 2 and authorize an ophthalmologist or psychiatrist to evaluate injured employees with impaired vision or brain function or mental or behavioral disorders according to his or her area of specialization.

     4. In order to maintain designation as a rating physician or chiropractor, the physician or chiropractor must:

     (a) Except as otherwise provided in subsection 5, perform ratings evaluations of permanent partial disabilities when selected pursuant to NRS 616C.490, except disabilities related to an employee’s vision or brain function resulting from an industrial accident or occupational disease;

     (b) Schedule and perform a rating evaluation within 30 days after receipt of a request from an insurer, a third-party administrator or an injured employee or his or her representative;

     (c) Except as otherwise provided in subsection 5, serve without compensation for a period not to exceed 1 year on the panel to review ratings evaluations established pursuant to NAC 616C.023 upon the request of the Administrator;

     (d) Except as otherwise provided in subsection 5 and after the date of designation as a rating physician or chiropractor, successfully complete biennially a course that is approved by the Administrator on rating disabilities, in accordance with the American Medical Association’s Guide; and

     (e) Except as otherwise provided in subsection 5, if the physician or chiropractor passed an examination concerning an edition of the Guide that is not the most recent edition adopted by the Administrator to become designated as a rating physician, pass the Nevada Impairment Rating Skills Assessment Test which is administered by the American Academy of Expert Medical Evaluators or its successor organization and which examines the practical application of the rating of disabilities in accordance with the Guide with a score of 75 percent or higher.

     5. If an ophthalmologist or psychiatrist has been designated as a rating physician and wishes to maintain such designation, the Administrator may exempt the ophthalmologist or psychiatrist who is authorized to practice in this State from the requirements set forth in paragraphs (a), (c), (d) and (e) of subsection 4 and authorize the ophthalmologist or psychiatrist to continue to evaluate injured employees with impaired vision or brain function or mental or behavioral disorders according to his or her area of specialization.

     6. A rating evaluation of a permanent partial disability may be performed by a chiropractor only if the injured employee’s injury and treatment are related to his or her neuromusculoskeletal system.

     7. A rating physician or chiropractor may not rate the disability of an injured employee if the physician or chiropractor has:

     (a) Previously examined or treated the injured employee for the injury related to his or her claim for workers’ compensation; or

     (b) Reviewed the health care records of the injured employee and has made recommendations regarding the likelihood of the injured employee’s ratable impairment.

     8. A rating evaluation of a permanent partial disability performed by a rating physician or chiropractor is subject to review by the Administrator pursuant to the provisions of NAC 616C.023.

     (Added to NAC by Dep’t of Industrial Relations, eff. 8-30-91; A by Div. of Industrial Relations by R009-97, 10-27-97; R090-99, 10-28-99; R105-00, 1-18-2001, eff. 3-1-2001; R060-03, 9-8-2003, eff. 10-1-2003; R006-06, 6-1-2006; R108-09, 6-30-2010)