Sec. 14.09.07.09. Selection of Practitioner

A. A rehabilitation practitioner shall register with the Commission in accordance with Regulation .02 of this chapter.

B. To be eligible for referral under §F of this regulation, a provider shall enroll with the Commission in accordance with Regulation .08 of this chapter.

C. The Commission website shall provide information regarding enrolled providers including the name, address, website address, and telephone number of the provider.

D. A disabled covered employee may obtain vocational rehabilitation services only in accordance with this regulation.

E. Referral by Agreement or Order.

(1) The parties shall attempt to reach agreement on:

(a) Whether vocational rehabilitation services are appropriate in the case; and

(b) The registered practitioner to provide the vocational rehabilitation services.

(2) If the parties reach agreement on both the propriety of the services and the practitioner, the parties shall complete the prescribed Commission form indicating their agreement and identifying the selected practitioner.

(3) The parties shall file the form with the Commission and send a copy of the form to the selected practitioner.

(4) Unless the practitioner has received a copy of form selecting the practitioner as the individual to provide services, the practitioner may not:

(a) Contact the disabled covered employee directly or through an agent; or

(b) Initiate vocational rehabilitation services.

(5) If the parties are unable to agree that vocational rehabilitation services are appropriate, the dispute shall be resolved in accordance with Regulation .12 of this chapter.

(6) If the Commission determines that vocational rehabilitation services are appropriate, the parties shall attempt to reach agreement on the identity of the registered practitioner to provide the vocational rehabilitation services in accordance with this section.

F. Referral Without Agreement.

(1) If the parties agree that vocational rehabilitation services are appropriate, or the Commission has determined that services are appropriate, but the parties cannot agree on a practitioner, each party has 5 business days from the date the parties were unable to reach agreement to:

(a) Notify the Commission of the dispute; and

(b) Identify three registered practitioners and the enrolled provider for whom the practitioner works, if applicable, for consideration.

(2) Notice of the dispute and identification of the three preferred practitioners and corresponding providers shall be made electronically on a form prescribed by the Commission.

(3) Within 5 days of filing the notice of dispute and identification of three preferred practitioners and corresponding providers, each party shall strike two of the practitioners/providers from the opposing party's list and submit those strikes, by close of business, to the opposing party and to the Director by hand-delivery or facsimile.

(4) The Commission shall select one of the two remaining preferred practitioners and corresponding providers and inform the parties of this selection. All parties are bound by this selection.

(5) If a party fails to submit three registered practitioners and corresponding providers or to submit two strikes, the Commission shall select a practitioner/provider from the opposing party's list.