Section 8 AAC 45.440 - Removal of rehabilitation specialists(a) The administrator may disqualify a rehabilitation specialist from providing services under AS 23.30.041 if the rehabilitation specialist (1) demonstrates unsuitable behavior; (2) fails to (A) timely file two or more eligibility evaluations, eligibility evaluation reports, or plan reports during a three-month period; (B) provide rehabilitation services; (C) adhere to statutory or regulatory requirements; or (D) maintain workers' compensation insurance if the rehabilitation specialist has employees; (3) engages in unethical conduct as defined by the ethics committee of an appropriate professional rehabilitation organization; (4) knowingly falsifies information provided in connection with the rehabilitation specialist's application; (5) is subject to disciplinary action or decertification by an appropriate certifying agency or professional organization; (6) commits fraudulent billing or reporting; (7) is convicted in a state or federal court of any offense involving moral turpitude; or (8) is declared mentally incompetent by a court of competent jurisdiction. (b) If the administrator is considering disqualifying a rehabilitation specialist under (a)(1) or (2)(A) - (C) of this section, the administrator may meet with the rehabilitation specialist and develop a plan of corrective action. (c) If the administrator believes that a rehabilitation specialist has engaged in unethical practices or activity, the administrator may refer the issue to the ethics committee of an appropriate professional rehabilitation organization for recommendations after sending written notification to the rehabilitation specialist. (d) Before disqualifying a rehabilitation specialist under this section, the administrator shall notify the rehabilitation specialist of the proposed disqualification in writing. A notification under this subsection must be served by personal service, certified mail, or electronic mail if the rehabilitation specialist has explicitly requested electronic mail service on a form prescribed by the administrator. A rehabilitation specialist who has been notified of a proposed disqualification may file a written request with the administrator to meet and to discuss the proposed disqualification not more than 30 days after the specialist receives the notice. The requested meeting must be set not later than 30 days after the administrator receives the written request unless otherwise agreed to by both the administrator and the rehabilitation specialist. (e) The administrator shall issue a written decision not later than 30 days after a meeting requested under (d) of this section. If no meeting is requested, the administrator shall issue a written decision not later than 45 days after the written notice of proposed disqualification was served under (d) of this section. (f) The administrator's written decision under (e) of this section must (1) require the rehabilitation specialist to change unsuitable behavior or upgrade skills by putting the rehabilitation specialist on a probationary rotation as described in 8 AAC 45.420(d); (2) disqualify the rehabilitation specialist for at least one year for the first disqualification and at least five years for the second disqualification for acts arising under (a)(1), (2)(A) - (C), (3), or (8) of this section; the decision must explain the reasons for the action and the conditions under which the rehabilitation specialist may reapply, if any; (3) permanently remove the rehabilitation specialist from the list for acts arising under (a)(2)(D) or (4) - (7) of this section; (4) state that no grounds for disqualification or disciplinary action were found; or (5) for acts under (a)(8) of this section, disqualify the rehabilitation specialist until a court of competent jurisdiction determines the rehabilitation specialist to be competent. (g) The administrator's decision must be served upon the rehabilitation specialist or the rehabilitation specialist's representative. A decision under this subsection must be served either personally, by certified mail, or electronic mail if the rehabilitation specialist or the rehabilitation specialist's representative has explicitly requested electronic mail service on a form prescribed by the administrator. A copy must be sent to the employee or employer who requested that the administrator consider disqualifying or removing the rehabilitation specialist, if any. A disqualification or removal decision is effective 10 days after the date of the decision. If a written request for board review is filed with the board and is served in accordance with (h) of this section not more than 10 days after service of the administrator's decision, the disqualified or removed rehabilitation specialist will keep any assigned cases but not be assigned new cases. (h) A disqualified rehabilitation specialist, an employee, or an employer, may request board review of the administrator's decision. If the (1) disqualified rehabilitation specialist requests review, the rehabilitation specialist must serve a copy of the review request on any other person the administrator served with a copy of the decision; or (2) employee or employer requests board review, the employee or employer must serve a copy of the review request on the disqualified rehabilitation specialist. (i) Upon a request under (h) of this section, the board will schedule and hold a hearing in accordance with AS 23.30.110 and 8 AAC 45.070. The board's decision is final upon filing in accordance with AS 23.30.110. (j) In this section, "unsuitable behavior" includes (1) failure to promptly and professionally respond to the administrator or the administrator's staff; (2) refusal to engage with the administrator or the administrator's staff; (3) failure to file complete and accurate reports required under AS 23.30 or this chapter; (4) repeated failure to adhere to the administrator's directives with respect to the rehabilitation specialist's performance under AS 23.30 or this chapter; or (5) a pattern of abusive behavior toward injured workers, employers, medical professionals, attorneys, the administrator, department personnel, or other persons involved in the reemployment process.Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 4/16/2010, Register 194; am 11/29/2023, Register 248, January 2024Authority:AS 23.30.005
AS 23.30.041