Section Lab 516.10 - Professional Standards(a) Each certified vocational rehabilitation provider shall comply with the code of professional ethics adopted by each of the following organizations of which the provider is a member: (1) Commission on Rehabilitation Counselor Certification;(2) Certification of Disability Management Specialists Commission; and(3) Commission on Certification of Work Adjustment and Vocational Evaluation Specialists.(b) All certified vocational rehabilitation providers shall, in addition to complying with (a) above, comply with the following:(1) The vocational rehabilitation provider shall not engage in any activity which endangers the health, safety, or welfare of the injured employee;(2) The vocational rehabilitation provider shall, at all times, respect the opinion and privacy of the injured employee;(3) The vocational rehabilitation provider shall not engage in any activity which deceives, defrauds, or harms the public;(4) The vocational rehabilitation provider shall demonstrate honesty and impartiality in all interactions with the injured employee, in writing of reports, charges for professional services, and in the administration of scoring, interpretation, and utilization of vocational tests and work samples;(5) The vocational rehabilitation provider shall explain the purpose of providing rehabilitation services to the injured employee;(6) The vocational rehabilitation provider shall clearly identify to the injured employee all proposed vocational rehabilitation goals designed to help the injured employee return to suitable employment as discussed in Lab 509.02(b);(7) The vocational rehabilitation provider shall recommend to the injured employee only employment which has been determined as suitable for the employee as in (6) above;(8) Before presenting any vocational rehabilitation plan to the department of labor, the vocational rehabilitation provider shall ensure that the injured employee clearly understands and agrees to the vocational goals being proposed, the proposed method to attain those goals, and the period in which the goals are to be attained;(9) In any case in which the vocational rehabilitation provider has been engaged to provide services, the provider shall not provide services which include:a. Acting on behalf of an insurer in negotiating for, or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract; andb. Investigating or adjusting of such claims.(10) The vocational rehabilitation provider shall refrain from giving legal advice, in any form, to the injured employee or advising the injured employee that legal assistance is not needed;(11) The vocational rehabilitation provider shall not solicit referrals, either directly or indirectly, by offering money or gifts;(12) The vocational rehabilitation provider shall not file false or misleading information or statements in procuring registration or renewal of registration as a rehabilitation provider, whether for one's self or another;(13) The supervising vocational rehabilitation provider shall systematically and periodically evaluate the delivery of rehabilitation services by the intern;(14) When asked to render a second opinion on a case actively managed by another vocational rehabilitation provider, the reviewer shall not make any comment until the reviewer has conducted an in-person evaluation and has personally reviewed rehabilitation records, plans, and all other data necessary to reach an informed conclusion.N.H. Admin. Code § Lab 516.10
#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
New. #6596, eff 10-3-97, EXPIRED: 10-3-05
New. #9287, eff 10-1-08
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.