Code: 

Labor Code

Title: 

Title 5. Workers’ Compensation

Section: 

408.0043

Name: 

Professional Specialty Certification Required For Certain Review

Eff. Date: 

September 1, 2019
§408.0043
Professional Specialty Certification Required For Certain Review

(a) This section applies to a person, other than a chiropractor or a dentist, who performs health care services under this title as:

(1) a doctor performing peer review;

(2) a doctor performing a utilization review of a health care service provided to an injured employee;

(3) a doctor performing an independent review of a health care service provided to an injured employee;

(4) a designated doctor;

(5) a doctor performing a required medical examination; or

(6) a doctor serving as a member of the medical quality review panel.

(b) A person described by Subsection (a) who reviews a specific workers’ compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.

(c) Notwithstanding Subsection (b), if a health care service is requested, ordered, provided, or to be provided by a physician, a person described by Subsection (a)(1), (2), or (3) who reviews the service with respect to a specific workers’ compensation case must be of the same or a similar specialty as that physician.

Added by Acts 2007, 80th Leg., ch. 1218, § 1, eff. Sept. 1, 2007. Amended by Acts 2009, 81st Leg., ch. 1330, § 14, eff. Sept. 1, 2009; Acts 2019, 86th Leg., ch. 1218 (S.B. 1742), § 3.10, eff. Sept. 1, 2019.