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compensation medical bureau or laboratory under the Rules and Pro-
RULES AND REGULATIONS
cedure prescribed by the Industrial Commissioner as follows:
(a) The physician or medical bureau accused of misconduct shall be
Promulgated by the Industrial Commissioner covering Chapters
given twenty days notice of the charges in writing including
a
bill of particulars setting forth the specific Section and Subdivision
258 and 930 of the Laws of 1935 amending the Workmen's
of the Law violated, and the time, date and place of the hearing.
Compensation Law
(b) Careful records and minutes shall be kept of the hearing.
"§ 10-a. Industrial Council
(c) These records, together with the report of the Board of the Medi-
"4. The Council shall (a) consider all matters submitted to it by the
cal Society or other Board, with its findings shall be submitted
Industrial Commissioner and advise him with respect thereto; (b) on its
to the Commissioner.
own initiative recommend to the Commissioner such changes of adminis-
Appeals filed by physicians and medical bureaus with the Industrial Coun-
tration as, after consideration, may be deemed important and necessary
cil shall be referred to the subcommittee designated by the Industrial
*
* ; (d) consider all matters connected with the practice of medi-
Council to ascertain the facts and report its findings to the Council for
eine submitted to it by the Commissioner or the Industrial Board; (e)
final action.
consider the qualifications for, or persons being considered for appoint-
(a) A physician or medical bureau may file an appeal with the Indus-
ment by the Commissioner to positions directly involving the practice of
trial Council from the decision of the Medical Society or other
medicine, and advise the Commissioner regarding the fitness of such per-
Board.
sons for appointment; (f) prescribe rules and regulations to govern the
procedure of investigations and hearings by Medical Societies or Boards
(b) A physician or medical bureau appealing and the Medical Society
of charges against authorized physicians and licensed compensation
or other Board whose decision was appealed from, shall be notified
medical bureaus as provided in Section 13-d of the Workmen's Compensa-
in writing indicating the time, date and place of hearing.
tion Law; (g) investigate on its own initiative charges made by a physi-
(c) The physician or medical bureau may be represented by counsel.
cian that he has been improperly refused authorization to do compensation
(d) Accurate stenographic or stenotype minutes of the hearing shall
work by a Medical Society or Board, or by the Commissioner and, if it
be kept for the file of the Commissioner and Industrial Council.
sustain the charges, recommend such authorization to the Commissioner;
(h) on its own initiative investigate and pass on charges of misconduct
3. When a physician, in association or in co-partnership with another
by either a physician or a compensation bureau authorized to treat injured
physician or physicians, or through another physician or physicians
workmen under this chapter; (i) review the determination of charges of
as employees or agents, maintains and operates one or more offices prin-
cipally for the treatment of injured claimants under the Workmen's
misconduct where the physician accused appeals from the decision of the
Medical Society or Board which took jurisdiction in the first instance.
Compensation Act, he shall apply for a compensation medical bureau
license.
In such cases the Council may reopen the matter and receive further evi-
dence. And the decision and recommendation of the Council shall be final,
4. All reports, except Form C-104 filed by attending physicians and specialists
binding and conclusive upon the Industrial Commissioner.
must be verified before a Notary Public or a Commissioner of Deeds, to
"5. The Council shall adopt Rules and Regulations to govern its own
insure their value as prima facie evidence in a compensation case.
proceedings. The Secretary shall keep a complete record of all its pro-
5. All specialists and consultants shall submit a report of their findings
ceedings which shall show the names of the members present at each
in triplicate, one copy to the Industrial Commissioner, one to the attend-
meeting and every matter submitted to the Council by the Commissioner
ing physician and one copy to the employer or insurance carrier. If a
and the action of the Council thereon. The record shall be filed in the
specialist acts as attending physician, he shall file a 48 hour and C-4
office of the Department. All records and other documents of the Depart-
reports with the employer or carrier and with the Industrial Commissioner.
ment shall be subject to inspection by the members of the Council."
Chapter 258, Laws of 1935.
6. All medical reports filed by attending physicians and specialists must
contain the authorization certificate number and code letters.
7.
When it is necessary for the attending physician to engage the services
of a specialist, consultant or a surgeon, or to provide for physiotherapeutic
1. Medical Compensation Boards shall pass upon the applications of physi-
procedures, costing more than twenty-five dollars, or to provide for x-ray
cians within a reasonable time and notify the Industrial Commissioner
examinations or special diagnostic laboratory tests costing more than
of their action. If any such Board fails to recommend that a physician
ten dollars, he must secure authorization from the employer or insurance
be authorized to render medical care under Chapter 258 the physician
carrier or the Industrial Commissioner.
may appeal to the Industrial Council as provided in clause (G) of Sub-
E. G.-When the total fees for physiotherapeutic treatment approach
division 4 of Section 10-A of the Labor Law, and the Council thereafter
the sum of $25.00 the physician shall file an additional C-4 report and
will have sole jurisdiction.
request authorization as prescribed in Section 13-a-5.
2. Removal of physicians from panels and revocation of licenses of medical
This Rule also applies to hospitals, specialists, consultants and surgeons,
bureaus. Section 13-d.
who are actually engaged to perform such services.
The recommending Compensation Board or the Board of the County
If telephone request for such authorization is made, it should be con-
Medical Society in a County where any authorized physician has removed
firmed by letter. If such authorization is not forthcoming or is not
his office, shall investigate, hear and determine all charges of professional
denied within five working days, or if such denial is not justified
or other misconduct by any authorized physician or by any licensed
medically or otherwise, the special services required for the patient's
welfare should be proceeded with on the ground that authorization has
[24]
been unreasonably withheld.
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"ocrText": "25\ncompensation medical bureau or laboratory under the Rules and Pro-\nRULES AND REGULATIONS\ncedure prescribed by the Industrial Commissioner as follows:\n(a) The physician or medical bureau accused of misconduct shall be\nPromulgated by the Industrial Commissioner covering Chapters\ngiven twenty days notice of the charges in writing including\na\nbill of particulars setting forth the specific Section and Subdivision\n258 and 930 of the Laws of 1935 amending the Workmen's\nof the Law violated, and the time, date and place of the hearing.\nCompensation Law\n(b) Careful records and minutes shall be kept of the hearing.\n\"§ 10-a. Industrial Council\n(c) These records, together with the report of the Board of the Medi-\n\"4. The Council shall (a) consider all matters submitted to it by the\ncal Society or other Board, with its findings shall be submitted\nIndustrial Commissioner and advise him with respect thereto; (b) on its\nto the Commissioner.\nown initiative recommend to the Commissioner such changes of adminis-\nAppeals filed by physicians and medical bureaus with the Industrial Coun-\ntration as, after consideration, may be deemed important and necessary\ncil shall be referred to the subcommittee designated by the Industrial\n*\n* ; (d) consider all matters connected with the practice of medi-\nCouncil to ascertain the facts and report its findings to the Council for\neine submitted to it by the Commissioner or the Industrial Board; (e)\nfinal action.\nconsider the qualifications for, or persons being considered for appoint-\n(a) A physician or medical bureau may file an appeal with the Indus-\nment by the Commissioner to positions directly involving the practice of\ntrial Council from the decision of the Medical Society or other\nmedicine, and advise the Commissioner regarding the fitness of such per-\nBoard.\nsons for appointment; (f) prescribe rules and regulations to govern the\nprocedure of investigations and hearings by Medical Societies or Boards\n(b) A physician or medical bureau appealing and the Medical Society\nof charges against authorized physicians and licensed compensation\nor other Board whose decision was appealed from, shall be notified\nmedical bureaus as provided in Section 13-d of the Workmen's Compensa-\nin writing indicating the time, date and place of hearing.\ntion Law; (g) investigate on its own initiative charges made by a physi-\n(c) The physician or medical bureau may be represented by counsel.\ncian that he has been improperly refused authorization to do compensation\n(d) Accurate stenographic or stenotype minutes of the hearing shall\nwork by a Medical Society or Board, or by the Commissioner and, if it\nbe kept for the file of the Commissioner and Industrial Council.\nsustain the charges, recommend such authorization to the Commissioner;\n(h) on its own initiative investigate and pass on charges of misconduct\n3. When a physician, in association or in co-partnership with another\nby either a physician or a compensation bureau authorized to treat injured\nphysician or physicians, or through another physician or physicians\nworkmen under this chapter; (i) review the determination of charges of\nas employees or agents, maintains and operates one or more offices prin-\ncipally for the treatment of injured claimants under the Workmen's\nmisconduct where the physician accused appeals from the decision of the\nMedical Society or Board which took jurisdiction in the first instance.\nCompensation Act, he shall apply for a compensation medical bureau\nlicense.\nIn such cases the Council may reopen the matter and receive further evi-\ndence. And the decision and recommendation of the Council shall be final,\n4. All reports, except Form C-104 filed by attending physicians and specialists\nbinding and conclusive upon the Industrial Commissioner.\nmust be verified before a Notary Public or a Commissioner of Deeds, to\n\"5. The Council shall adopt Rules and Regulations to govern its own\ninsure their value as prima facie evidence in a compensation case.\nproceedings. The Secretary shall keep a complete record of all its pro-\n5. All specialists and consultants shall submit a report of their findings\nceedings which shall show the names of the members present at each\nin triplicate, one copy to the Industrial Commissioner, one to the attend-\nmeeting and every matter submitted to the Council by the Commissioner\ning physician and one copy to the employer or insurance carrier. If a\nand the action of the Council thereon. The record shall be filed in the\nspecialist acts as attending physician, he shall file a 48 hour and C-4\noffice of the Department. All records and other documents of the Depart-\nreports with the employer or carrier and with the Industrial Commissioner.\nment shall be subject to inspection by the members of the Council.\"\nChapter 258, Laws of 1935.\n6. All medical reports filed by attending physicians and specialists must\ncontain the authorization certificate number and code letters.\n7.\nWhen it is necessary for the attending physician to engage the services\nof a specialist, consultant or a surgeon, or to provide for physiotherapeutic\n1. Medical Compensation Boards shall pass upon the applications of physi-\nprocedures, costing more than twenty-five dollars, or to provide for x-ray\ncians within a reasonable time and notify the Industrial Commissioner\nexaminations or special diagnostic laboratory tests costing more than\nof their action. If any such Board fails to recommend that a physician\nten dollars, he must secure authorization from the employer or insurance\nbe authorized to render medical care under Chapter 258 the physician\ncarrier or the Industrial Commissioner.\nmay appeal to the Industrial Council as provided in clause (G) of Sub-\nE. G.-When the total fees for physiotherapeutic treatment approach\ndivision 4 of Section 10-A of the Labor Law, and the Council thereafter\nthe sum of $25.00 the physician shall file an additional C-4 report and\nwill have sole jurisdiction.\nrequest authorization as prescribed in Section 13-a-5.\n2. Removal of physicians from panels and revocation of licenses of medical\nThis Rule also applies to hospitals, specialists, consultants and surgeons,\nbureaus. Section 13-d.\nwho are actually engaged to perform such services.\nThe recommending Compensation Board or the Board of the County\nIf telephone request for such authorization is made, it should be con-\nMedical Society in a County where any authorized physician has removed\nfirmed by letter. If such authorization is not forthcoming or is not\nhis office, shall investigate, hear and determine all charges of professional\ndenied within five working days, or if such denial is not justified\nor other misconduct by any authorized physician or by any licensed\nmedically or otherwise, the special services required for the patient's\nwelfare should be proceeded with on the ground that authorization has\n[24]\nbeen unreasonably withheld."
}