AN ACT Relating to vocational rehabilitation; amending RCW 51.41.030, 51.41.040, 51.41.060, 51.41.070, and 51.32.250; and adding new sections to chapter 51.41 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 3, chapter 63, Laws of 1982 as amended by section 1, chapter 86, Laws of 1983 and RCW 51.41.030 are each amended to read as follows:

There is created an office of rehabilitation review within the ((~~industrial insurance division of the~~)) department of labor and industries. The office shall:

(1) Establish specific definitions, eligibility criteria, and timetables and procedures for the provision of vocational rehabilitation services;

(2) Mediate disputes under RCW 51.41.060 initiated by an injured worker, employer, vocational rehabilitation counselor, attending physician, or the department in the case of a state fund claim;

(3) ((~~Review and approve or disapprove vocational rehabilitation plans; and~~

~~(4) Establish procedures for registration of~~)) Monitor the quality of vocational rehabilitation services through review, audit, and other appropriate processes; and

(4) Certify and decertify vocational rehabilitation counselors ((or)), firms, or interns employed by the state, public, or private agencies ((and establish criteria and procedures for removal of registered rehabilitation counselors or firms from the list for failure to comply with this chapter or the rules and regulations established by the department)) pursuant to criteria established by statute.

NEW SECTION. Sec. 2. A new section is added to chapter 51.41 RCW to read as follows:

As used in this chapter "administrator" means the administrator of the office of rehabilitative review.

Sec. 3. Section 5, chapter 63, Laws of 1982 as amended by section 2, chapter 86, Laws of 1983 and RCW 51.41.040 are each amended to read as follows:

(1) The vocational rehabilitation plan may include modification of the worker's occupation at the time of injury, provisions for alternative work with the same employer, modification of the worker's previous employment with a new employer, direct job placement assistance, on-the-job training, or short-term retraining subject to limitation by RCW 51.32.095. The plan shall define the responsibilities of the worker, employer, and other parties in implementing the plan.

(2) The following order of priorities is preferred in determining suitable gainful employment and developing vocational rehabilitation plans:

(a) Return to the previous job with the same employer;

(b) Modification of the previous job with the same employer including transitional return to work;

(d) Return to the previous job with a new employer;

(e) Modification of the previous job with a new employer;

(f) A new job with a new employer or self-employment based upon transferable skills;

(g) A new job with a new employer or self-employment involving on-the-job training;

(h) Short-term retraining and job placement.

((~~Prior to any modification of the order of these priorities, the plan shall first be submitted in writing to the office of rehabilitation review for authorization.~~)) All plans shall be reviewed by the injured worker, employer, and vocational rehabilitation counselor. Plans involving a state fund employer or self-insured employer shall be approved by the department or self-insurer, respectively.

In the cases involving return to the previous job with the same employer, modification of the previous job with the same employer, or a new job with the same employer, self-insurers shall submit a written, summary report to the office of vocational rehabilitation review but shall not be required to submit a complete, documented vocational rehabilitation plan.

A worker who returns to work with the same employer in the case of a modified or new job prior to approval of a vocational rehabilitation plan may petition the department for a review of the appropriateness of the job if the worker's job is terminated within twelve months of his or her return to work regardless of the claim being closed. Such petition shall be filed in writing with the department within thirty days of the termination of the worker's employment with the employer. The department shall notify the employer within seven days of receipt of the petition that a petition has been filed. Within thirty days of the filing of the petition, the department shall enter an order as provided for in RCW 51.52.050 determining whether the job to which the worker returned was appropriate under all the circumstances. If the department determines that the worker's job was inappropriate, the worker shall be returned to compensation under chapter 51.32 RCW, if otherwise eligible, and the department shall develop and implement a vocational rehabilitation plan for the worker. In the case of a self-insurer, the self-insurer shall bear the cost of the vocational rehabilitation program.

Sec. 4. Section 6, chapter 63, Laws of 1982 as amended by section 3, chapter 86, Laws of 1983 and RCW 51.41.060 are each amended to read as follows:

(1) If a determination of eligibility or ineligibility is unacceptable to ((a)) an injured worker or employer, or if a vocational rehabilitation plan or the implementation of the plan is unacceptable to ((a)) an injured worker ((or)), employer, ((~~the worker or employer may petition the supervisor of industrial insurance to review the decision.~~)) vocational rehabilitation counselor, attending physician, or department in the case of a state fund claim, such person may request mediation by the administrator. The ((~~supervisor~~)) administrator, or the ((~~supervisor's~~)) administrator's designee, shall attempt to mediate the dispute and, if the mediation is unsuccessful, shall render a ((~~final~~)) decision within ((~~thirty~~)) twenty days of receipt of the petition for review.

(2) The injured worker, employer, vocational rehabilitation counselor, attending physician, or department in the case of a state fund claim, may petition the director of labor and industries for review of the decision of the administrator, or the administrator's designee. The director or director's designee's review of such decisions shall be heard as provided in this section and shall be limited to matters of law. A final decision shall be rendered within twenty days of the closing of the hearing proceeding.

(3) The injured worker ((or)), employer, vocational rehabilitation counselor, attending physician, or department in the case of a state fund claim may appeal a final decision of the ((~~supervisor~~)) director, or the ((~~supervisor's~~)) director's designee, to the board of industrial insurance appeals for an expedited appeal which shall be heard as provided in this section. Board review of such decisions shall be limited to matters of law. A final decision rendered within thirty days of the closing of the hearing proceeding, and the procedures relating to recommended decisions and orders, and petitions for review of same, as contained in RCW 51.52.104 and 51.52.106, shall not be applicable to appeals filed under this section. Further appeals taken from the final decision of the board shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.04.130 and 34.04.140 as now existing or hereafter amended. The department shall have the same right of review of the board's decision as does any other aggrieved party.

((~~(3)~~)) (4) For purposes of this section, "expedited appeal" means an appeal filed with the board within fifteen working days after receipt of notice of the decision from the ((~~supervisor~~)) director or the ((~~supervisor's~~)) director's designee. An expedited appeal shall be heard within thirty calendar days following receipt of (a) the notice of appeal from an aggrieved party, or (b) a legible copy of the records of the office of rehabilitation review, whichever is later. The hearing held under this section shall be recorded and shall be confined to review of the records of the office of rehabilitation review. However, in cases of alleged irregularities in procedure not revealed by the records, testimony concerning such irregularities may be received by the board. The board shall in addition have authority, upon request by the worker or the employer, to hear oral argument and receive written information concerning the matter in dispute.

((~~(4)~~)) (5) The board of industrial insurance appeals shall have the authority to make, amend, and rescind in a manner prescribed by chapter 34.04 RCW such rules as may be necessary to carry out this section.

Sec. 5. Section 9, chapter 63, Laws of 1982 and RCW 51.41.070 are each amended to read as follows:

A qualified injured worker shall be entitled to continuation of temporary total disability benefits as defined in RCW 51.32.090:

(1) During rehabilitation; and

(2) During the pendency of any petition for review to the supervisor, the administrator of the office of rehabilitation review, or the director of labor and industries or appeal to the board of industrial insurance appeals.

NEW SECTION. Sec. 6. A new section is added to chapter 51.41 RCW to read as follows:

In order to facilitate an injured worker's return to work with the same state fund employer as provided in RCW 51.32.090, the employer may obtain a detailed job description or job analysis of the job which the worker had held before injury or of a modified job: PROVIDED, That the worker has not been referred for a vocational evaluation under this chapter and the worker has been on continuous time-loss of ninety days or less at the time of the request. The supervisor shall authorize reimbursement for the costs of performing the detailed job description or job analysis, if the employer: (1) Provides the department with a copy of the detailed job description or job analysis; (2) certifies that the job was available to the injured worker; and (3) provides a copy of the paid invoice from the vocational rehabilitation firm for services provided to the employer. The maximum amount payable under this section is two hundred dollars.

NEW SECTION. Sec. 7. A new section is added to chapter 51.41 RCW to read as follows:

Any aggravation or injury which occurs as a result of a worker's participation in a vocational assessment or an approved plan shall be considered a part of the original claim.

NEW SECTION. Sec. 8. A new section is added to chapter 51.41 RCW to read as follows:

No person shall provide vocational rehabilitation services under this title unless certified as a vocational rehabilitation counselor pursuant to this section or qualified under section 9 of this act.

A vocational rehabilitation counselor employed by public or private agencies or the state may be certified by the office of rehabilitation review to provide rehabilitation services when he or she receives a passing score on a written test of rehabilitation theory and the state's industrial insurance laws and has one of the following:

(1) A doctorate or masters degree in rehabilitation counseling; and a minimum of one year of experience in vocational counseling, job placement, vocational assessment, or other documented areas of vocational rehabilitation services;

(2) A doctorate or masters degree in psychology, counseling and guidance, social work, or educational psychology; and a minimum of two years of experience in vocational counseling, job placement, vocational assessment, or other documented areas of vocational rehabilitation services;

(3) A bachelors degree in rehabilitation counseling with credit hours in a combination of rehabilitation philosophy, rehabilitation history, rehabilitation ethics, medical aspects of disability, psychological aspects of disability, job placement, occupational information, counseling theory, personal and vocational adjustment, work evaluation, practicum in subjects listed in this subsection, or coursework relating to counseling and subjects listed in this subsection; and a minimum of three years of experience in job placement, vocational assessment, vocational counseling, or other documented areas of vocational rehabilitation services; or

(4) A masters degree with twenty-four credit hours in a combination of rehabilitation philosophy, rehabilitation history, rehabilitation ethics, medical aspects of disability, psychological aspects of disability, job placement, occupational information, counseling theory, personal and vocational adjustment, work evaluation, practicum in subjects listed in this subsection, or coursework relating to counseling courses listed in this subsection; and a minimum of two years full-time service as a working rehabilitation counselor.

NEW SECTION. Sec. 9. A new section is added to chapter 51.41 RCW to read as follows:

An individual who meets the minimum educational requirements but does not meet the minimum experience requirements under section 8 of this act may be certified as an intern by receiving a passing grade on a test of rehabilitation theory and the state's industrial insurance laws. The office of rehabilitation review is authorized to develop rules to require supervision of an intern by a vocational rehabilitation counselor with more than minimum experience and education, require a vocational rehabilitation counselor who is responsible for supervising an intern to pass a test regarding supervisory responsibilities, and establish a limit on the number of interns that a vocational rehabilitation counselor may supervise.

A supervising vocational rehabilitation counselor and intern shall work at the same location. Co-signatures are required on all reports. The length of time for an internship is the same as the amount of experience required for certification as a vocational rehabilitation counselor in the appropriate educational category under section 8 of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 51.41 RCW to read as follows:

A vocational rehabilitation counselor or intern, who was registered by the department before the effective date of this act, is permitted to continue offering rehabilitation services in this state if at the end of two years from the effective date of this act, the counselor or intern has obtained a passing score on a written test of rehabilitation theory and the state's industrial insurance laws. A counselor or intern disqualified from providing rehabilitation services by this section shall not provide such services until he or she has been certified under section 8 of this act.

Sec. 11. Section 13, chapter 63, Laws of 1982 as amended by section 3, chapter 70, Laws of 1983 and RCW 51.32.250 are each amended to read as follows:

Modification of ((~~the~~)) an injured worker's previous job ((is)) or modification of a new job are recognized as ((a)) desirable methods of returning the injured worker to suitable gainful employment. In order to assist employers in meeting the costs of job modification, and to encourage employers to modify jobs to accommodate retaining or hiring workers with disabilities resulting from work-related injury, the supervisor in his or her discretion may pay job modification costs in an amount not to exceed five thousand dollars per worker per job modification. This payment is intended to be a cooperative participation with the employer and funds shall be taken from the appropriate account within the second injury fund.

The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury.