Section 616C.123 - Occupational Medicine Practice Guidelines : Adoption by reference; annual review by Administrator; use1. The most recently published edition of or update to the Occupational Medicine Practice Guidelines, developed by the American College of Occupational and Environmental Medicine and published by the Reed Group, Ltd., is hereby adopted by reference as standards for the provision of accident benefits to employees who have suffered industrial injuries or occupational diseases.2. The Administrator will, on or before February 1 of each year, review the most recently published edition of or update to the Guidelines. Each new edition of or update to the Guidelines shall be deemed approved by the Administrator for use in this State on February 1 of each year, unless a notice of disapproval of the edition or update is posted pursuant to this subsection by the immediately preceding April 1. If the Administrator wishes to disapprove a new edition of or update to the Guidelines, the Administrator will: (a) Post a notice of disapproval at the largest public library in each county, the State Library, Archives and Public Records, the Grant Sawyer Office Building located at 555 East Washington Avenue, Las Vegas, Nevada, and all offices of the Division; and(b) Send a notice to each person included on the mailing list that the Division is required to maintain pursuant to paragraph (e) of subsection 1 of NRS 233B.0603. If the Administrator disapproves an edition of or update to the Guidelines, the edition or update that was most recently adopted by reference or deemed approved pursuant to this section will continue in effect.
3. Except as otherwise provided in this subsection, insurers and providers of health care shall use the Guidelines as minimum standards for evaluating and ensuring the quality of programs of treatment provided to an injured employee who is entitled to accident benefits pursuant to chapters 616A to 617, inclusive, of NRS. If a condition of the injured employee makes compliance with the Guidelines impossible, medically inadvisable or not recommended by a physician or chiropractor who: (a) Is employed by or works pursuant to a contract with the insurer or its third-party administrator or organization for managed care to provide medical advice on claims;(b) Is licensed to practice in this State;(c) Possesses the education, training and expertise necessary to evaluate the medical condition of the injured employee or obtains the advice or assistance necessary to evaluate the medical condition of the employee;(d) Has reviewed the notes of the treating physician or chiropractor, the results of any tests conducted by the treating physician or chiropractor and any relevant health care records of the injured employee; and(e) Recommends to the insurer not to authorize treatment pursuant to the Guidelines, the insurer may determine not to authorize treatment pursuant to the Guidelines.4. An insurer may authorize treatment for an injured employee that exceeds the minimum standards of the Guidelines if the provider of health care provides, in writing, to the insurer the explanation for the need of a higher standard of treatment.5. A copy of the Guidelines may be purchased from the Reed Group, Ltd., 10355 Westmoor Drive, Westminster, Colorado 80021, by telephone at (866) 889-4449 or by electronic mail at guidelines_sales@reedgroup.com, at a cost of $675 for a single-user license.6. As used in this section, the term "Guidelines" means the Occupational Medicine Practice Guidelines adopted by reference pursuant to subsection 1.Nev. Admin. Code § 616C.123
Added to NAC by Dep't of Industrial Relations, 1-24-92, eff. 1-1-92; A by Div. of Industrial Relations, 3-5-96; R210-97, 3-20-98, eff. 5-1-98; R118-02, 9-7-2005; A by R130-14, eff. 9/9/2016