Sec. 14.09.07.01. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Advisory Committee" means the Advisory Committee on the Registration of Rehabilitation Practitioners.

(2) "Case management functions" means the coordination and utilization of vocational rehabilitation services, either in person or telephonically, with respect to a specific injured worker, including the supervision of these duties performed by others.

(3) "Commission" means the Maryland Workers' Compensation Commission.

(4) "Director" means the Director of Rehabilitation of the Maryland Workers' Compensation Commission.

(5) "DORS" means Maryland State Department of Education Division of Rehabilitation Services.

(6) "Enrolled vocational rehabilitation organization" means an organization or company that:

(a) Employs, or has working on its behalf, at least one registered vocational rehabilitation practitioner; and

(b) Has enrolled with the Commission.

(7) "Functional Capacity Evaluation (FCE)" means the systematic process of assessing an individual's physical capacities and functional abilities and matching human performance levels to the demands of a specific job or work activity or occupation.

(8) "Job placement" means services provided to support the disabled covered employee's search for work including, but not limited to, identifying job leads, arranging interviews, teaching techniques for effective job searches, resume writing, interviewing and job application completion,

(9) "Nurse case manager" means a nurse who is certified by the State Board of Nursing to provide case management services, including but not limited to interviewing the worker for the purpose of implementing and coordinating services with health care providers and with the worker and the worker's family.

(10) "Office" means the Office of Vocational Rehabilitation of the Maryland Workers' Compensation Commission.

(11) Provider.

(a) "Provider" means the enrolled vocational rehabilitation organization that provides vocational rehabilitation services to a claimant through a registered vocational rehabilitation practitioner.

(b) "Provider" includes the Maryland State Department of Education Division of Rehabilitation Services ("DORS").

(12) "Rehabilitation counselor" means a qualified individual who is engaged in activities leading to vocational assessment or job placement, or both, of an injured worker.

(13) "Rehabilitation practitioner" means an individual who provides vocational rehabilitation services including:

(a) A nurse certified by the State Board of Nursing as a nurse case manager;

(b) A rehabilitation counselor; and

(c) A vocational evaluator.

(14) "Retraining plan" means a plan for providing the disabled covered employee with educational and vocational training and may include on-the job training.

(15) "Self-employment plan" means a business plan for self-employment that identifies the skills, experience and expertise necessary to manage the business, and may include a complete business description, an organization plan, owner/operator qualifications, a marketing plan supported by factual information concerning the demand for products or services, income projections, a sound start-up financial plan, financial resources needed to start the business, and a contingency plan in the event the self-employment plan targets are not met.

(16) "Suitable gainful employment" has the meaning stated in Labor and Employment Article, §9-670(c), Annotated Code of Maryland.

(17) "Vocational assessment" has the meaning stated in Labor and Employment Article, §9-670(d), Annotated Code of Maryland.

(18) "Vocational evaluator" means a qualified individual who utilizes a comprehensive process that systematically uses the simulated or actual work environment as the basis for vocational assessment and exploration.

(19) "Vocational rehabilitation services" has the meaning stated in Labor and Employment Article, §9-670(e), Annotated Code of Maryland.

(20) "Vocational testing" means standardized interest, aptitude, achievement, and other specific skills tests used to identify areas of interest and aptitudes for various types of work, and compatibilities with different work environments. The types of test may include but are not limited to the Wide Range Achievement Test (WRAT), the General Aptitude Test Battery (GATB), Strong Interest Inventory, the Myers-Briggs Type Indicator, and the Test of Nonverbal Intelligence.