287.144. Definitions.

Definitions.

287.144. As used in sections 287.144 to 287.149, thefollowing words mean:

(1) "Appropriate vocational testing", appropriatevocational testing may be included when a new job is necessaryfor consideration for an injured worker. Appropriate vocationaltesting may include intelligence, aptitude, achievement andinterests tests, physical capacity assessment, musculoskeletalevaluation, audiometric evaluation, receptive and expressivecomponents 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 performedby a rehabilitation provider or practitioner which shall be basedon 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 ofphysical rehabilitation services, work hardening, vocationalassessment, vocational counseling, job placement and occupationalskill training, and independent living, if appropriate. Everyplan shall consider appropriate vocational testing;

(4) "Qualification of medical or physical rehabilitationservices", each facility, institution or agency program seekingto qualify to provide medical or physical rehabilitation toemployees under this chapter shall be supervised by a physicianwith a speciality or subspeciality in the area of medicine whichdeals with the type of injury or disability it intends to treat;

(5) "Rehabilitation practitioner", an individual who hasprovided the director with the necessary proof of eligibility forqualification to render the services outlined in sections 287.144to 287.149, and who has received a certification of qualificationfrom the director. Practitioners shall be qualified in currentvocational rehabilitation techniques and processes and familiarwith current and appropriate medical interventions as evidencedby:

(a) A masters or doctorate degree in health-supportservices from an accredited institution, or a masters degreebased on a curriculum and coursework designed to prepare a personto practice as a vocational rehabilitation counselor orcompletion of a nationally accredited rehabilitation counselorinternship program from a college or university, plus one yearexperience in vocational or physical rehabilitation;

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

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

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

(6) "Rehabilitation provider", a vocational rehabilitationfacility, institution or agency who offers to render servicesoutlined in sections 287.144 to 287.149, and who shall bequalified in current vocational rehabilitation techniques andcurrent and appropriate medical intervention techniques andcertified by the director. Facilities and hospitals shall beaccredited by the joint commission on accreditation of hospitalsor the joint commission on accreditation of rehabilitationfacilities or the American Osteopathic Association or thedivision of workers' compensation;

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

(8) "Vocational rehabilitation assessments", a writtenstatement of an employee's condition containing relevantdocumentation by the treating physician and information asindicated by a rehabilitation provider or practitioner of theemployee's current and projected functional capacities andlimitations, a job description provided by the employer of theposition held at the time of injury, and background informationincluding education, work history, career goals and any otherrelevant information.

(L. 1990 S.B. 751)

Effective 7-1-91

*No continuity with § 287.144 as repealed by L. 1990 S.B. 751 § B.