(a) To avoid undue influence on the designated doctor:
(1) except as provided by § 127.10(a) of this title (relating to General Procedures for Designated Doctor Examinations), only the injured employee or appropriate division staff may communicate with the designated doctor prior to the examination of the injured employee by the designated doctor regarding the injured employee’s medical condition or history;
(2) after the examination is completed, communication with the designated doctor regarding the injured employee’s medical condition or history may be made only through appropriate division staff; and
(3) the designated doctor may initiate communication with any health care provider who has previously treated or examined the injured employee for the work-related injury or with a peer review doctor identified by the insurance carrier who reviewed the injured employee’s claim or any information regarding the injured employee’s claim.
(b) The insurance carrier, treating doctor, injured employee, or injured employee’s representative, if any, may contact the designated doctor’s office to ask about administrative matters, including but not limited to whether the designated doctor received the records, whether the exam took place, or whether the report has been filed, or other similar matters.
(c) This section becomes effective on February 1, 2011.
The provisions of this §127.15 adopted to be effective February 1, 2011, 35 TexReg 11324.