Section 616C.021 - [Effective until 7/1/2026] Rating physician or chiropractor: Designation; qualifications; maintenance of designation; authority; review of rating evaluation by Administrator1. The designation of a rating physician or chiropractic physician pursuant to NRS 616C.490 must be in writing or by electronic communication.2. To qualify for designation, a physician or chiropractic physician must: (a) Possess the qualifications required of a physician or chiropractic physician who is appointed to the panel of physicians and chiropractic physicians established pursuant to NRS 616C.090 and NAC 616C.003.(b) Demonstrate a special competence and interest in industrial health by: (1) Completing 3 years or more of experience concerning industrial health in private practice.(2) Successfully completing a course on rating disabilities, in accordance with the Guide, that is approved by the Administrator.(3) Except as otherwise provided in subsections 7 and 8, 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.(4) Except as otherwise provided in subsection 5, successfully completing a course approved by the Administrator on Form D-9c, Permanent Work-Related Mental Impairment Rating Report Work Sheet.(c) Demonstrate an understanding of: (1) The regulations of the Division related to the evaluation of permanent partial disabilities; and3. In order to maintain designation as a rating physician or chiropractic physician, the physician or chiropractic physician must:(a) Perform ratings evaluations of permanent partial disabilities when selected pursuant to NRS 616C.490, as amended by section 17 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page 3630, except for any rating evaluation that the selected rating physician or chiropractic physician declines. The rating physician or chiropractic physician is responsible for performing each rating evaluation for which he or she is selected and does not decline but may reference, as part of the rating evaluation, a specialized test performed by another health care provider which was performed after the injured employee has been determined to be stable and ratable. Except for a rating evaluation that is performed posthumously or to apportion a rating in accordance with NRS 616C.099, solely reviewing health care records does not constitute performance of a rating evaluation of a permanent partial disability.(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 unless: (1) The selected rating physician or chiropractic physician declines the selection; or(2) The insurer or third-party administrator agrees with the injured employee or his or her representative to extend the period in which the physician or chiropractic physician must schedule and perform the rating evaluation pursuant to this paragraph.(c) Except as otherwise provided in this paragraph, serve without compensation for a period of 1 year on the panel to review ratings evaluations established pursuant to NAC 616C.023 upon the request of the Administrator. With the approval of the Administrator, a physician or chiropractic physician may serve without compensation on the panel for an additional period of 1 year.(d) After the date of designation as a rating physician or chiropractic physician, successfully complete biennially a course for continuing education that is approved by the Administrator on rating disabilities, in accordance with the Guide.4. A rating physician, including, without limitation, a rating physician who is an ophthalmologist or psychiatrist, or chiropractic physician who has passed the "MD" version of the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher and who has successfully completed a course on Form D-9c required by subparagraph (4) of paragraph (b) of subsection 2 may perform a rating evaluation of a permanent partial disability involving any type of injury or disorder. Such a rating evaluation must be performed in accordance with the requirements of the Guide or Form D-9c, as applicable.5. A physician who has passed the "MD" version of the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher may qualify for designation as a rating physician without successfully completing a course on Form D-9c required by subparagraph (4) of paragraph (b) of subsection 2. A rating physician who has passed the "MD" version of the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher but who has not successfully completed a course on Form D-9c required by subparagraph (4) of paragraph (b) of subsection 2 may perform a rating evaluation of a permanent partial disability involving any type of injury or disorder, except for an injury or disorder rated using Form D-9c. Such a rating evaluation must be performed in accordance with the requirements of the Guide.6. A rating physician or chiropractic physician who has passed only the "DC" version of the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher may only perform a rating evaluation of a permanent partial disability involving an injury or disorder rated using chapter 1, 2, 13, 15, 16 or 17 of the Guide. Such a rating evaluation must be performed in accordance with the requirements of the applicable chapter of the Guide.7. An ophthalmologist may qualify for designation as a rating physician without passing the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher. A rating physician who is an ophthalmologist and who has not passed the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher may only perform a rating evaluation of a permanent partial disability involving an injury or disorder of the visual system. Such a rating evaluation must be performed in accordance with the requirements of the Guide.8. A psychiatrist may qualify for designation as a rating physician without passing the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher. A rating physician who is a psychiatrist, who has successfully completed a course on Form D-9c required by subparagraph (4) of paragraph (b) of subsection 2 and who has not passed the Nevada Impairment Rating Skills Assessment Test required by subparagraph (3) of paragraph (b) of subsection 2 with a score of 75 percent or higher may only perform a rating evaluation of a permanent partial disability involving a mental impairment that is rated using Form D-9c. Such a rating evaluation must be performed in accordance with the requirements of Form D-9c.9. Except as otherwise provided in subsection 10, a rating physician or chiropractic physician may not rate the disability of an injured employee if the physician or chiropractic physician has: (a) Previously examined or treated the injured employee; or(b) Reviewed the health care records of the injured employee for any purpose relating to his or her claim for workers' compensation and has made recommendations regarding the likelihood of the injured employee's ratable impairment.10. A rating physician or chiropractic physician who has previously performed one or more rating evaluations for a permanent partial disability for an injured employee but who has not otherwise engaged in the activities described in subsection 9 with respect to the injured employee may rate the disability of the injured employee, unless the disability is being rated at the request of the injured employee to obtain a second determination of the percentage of disability pursuant to NRS 616C.100 or 616C.145, as amended by section 12 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page 3623.11. A rating evaluation of a permanent partial disability performed by a rating physician or chiropractic physician is subject to review by the Administrator pursuant to the provisions of NAC 616C.023.Nev. Admin. Code § 616C.021
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; A by R134-20A, eff. 9/20/2022; Added to NAC by Div. of Industrial Relations by R134-20RA, eff. 12/19/2022; A by R076-23A, eff. 10/9/2024NRS 616A.400 and 616C.490, as amended by section 17 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page 3630