Mo. Rev. Stat. § 287.144

Current with changes from the 2024 Legislative Session

Section 287.144 - Definitions

As used in sections 287.144 to 287.149, the following words mean:

(1)"Appropriate vocational testing", appropriate vocational testing may be included when a new job is necessary for consideration for an injured worker. Appropriate vocational testing may include intelligence, aptitude, achievement and interests tests, physical capacity assessment, musculoskeletal evaluation, audiometric evaluation, receptive and expressive components of language and work sample tests;

(2)"Director", the director of the division of workers' compensation;

(3)"Plan", a written proposal of services to be performed by a rehabilitation provider or practitioner which shall be based on the following objectives:

(a) Same job, same employer;

(b) Modified job, same employer;

(c) Different job, same employer;

(d) Same job, new employer;

(e) Modified job, new employer;

(f) New job, new employer;

(g) Reeducation and retraining.

The plan shall include recommendations on the coordination of physical rehabilitation services, work hardening, vocational assessment, vocational counseling, job placement and occupational skill training, and independent living, if appropriate. Every plan shall consider appropriate vocational testing;

(4)"Qualification of medical or physical rehabilitation services", each facility, institution or agency program seeking to qualify to provide medical or physical rehabilitation to employees under this chapter shall be supervised by a physician with a speciality or subspeciality in the area of medicine which deals with the type of injury or disability it intends to treat;

(5)"Rehabilitation practitioner", an individual who has provided the director with the necessary proof of eligibility for qualification to render the services outlined in sections 287.144 to 287.149, and who has received a certification of qualification from the director. Practitioners shall be qualified in current vocational rehabilitation techniques and processes and familiar with current and appropriate medical interventions as evidenced by:

(a) A masters or doctorate degree in health-support services from an accredited institution, or a masters degree based on a curriculum and coursework designed to prepare a person to practice as a vocational rehabilitation counselor or completion of a nationally accredited rehabilitation counselor internship program from a college or university, plus one year experience in vocational or physical rehabilitation;

(b) A baccalaureate degree in health-support services from an accredited institution, plus two years of experience in vocational or physical rehabilitation;

(c) Certification by the commission of rehabilitation counselor certification as a certified rehabilitation counselor. Practitioners having received their certified rehabilitation counselor certification prior to July 1, 1991, are eligible for licensure under chapter 337; or

(d) Internship for those with the education described in paragraphs (a) to (c) of this subdivision, but not experience, who are under the supervision of a qualified rehabilitation practitioner as defined in paragraphs (a) to (c) of this subdivision;

(6)"Rehabilitation provider", a vocational rehabilitation facility, institution or agency who offers to render services outlined in sections 287.144 to 287.149, and who shall be qualified in current vocational rehabilitation techniques and current and appropriate medical intervention techniques and certified by the director. Facilities and hospitals shall be accredited by the joint commission on accreditation of hospitals or the joint commission on accreditation of rehabilitation facilities or the American Osteopathic Association or the division of workers' compensation;

(7)"Suitable, gainful employment", employment or self-employment which, in the exercise of reasonable diligence, the employee will be able to obtain, to be determined in view of the nature and extent of the injury, the ability of the employee to compete in an open labor market;

(8)"Vocational rehabilitation assessments", a written statement of an employee's condition containing relevant documentation by the treating physician and information as indicated by a rehabilitation provider or practitioner of the employee's current and projected functional capacities and limitations, a job description provided by the employer of the position held at the time of injury, and background information including education, work history, career goals and any other relevant information.

§ 287.144, RSMo

L. 1990 S.B. 751
Effective 7/1/1991