Commerce and Human Resources committee holds bill limiting recordings during psychological testing in workers' comp

BOISE — Members of the House Commerce and Human Resources Committee voted 11‑4 to hold House Bill 115 after more than two hours of testimony and debate over whether attorneys or recording devices should be allowed to observe standardized psychological and neuropsychological testing used in workers' compensation independent medical examinations (IMEs).

The bill’s sponsor, Representative Ben Furman, introduced the proposal as a narrow amendment to Idaho Code section 72‑4‑33 to prohibit third‑party observation and audio/video recording during the standardized testing portion of psychological and neuropsychological IMEs while preserving other transparency mechanisms.

Proponents said third‑party observation and recordings materially alter test reliability and validity. Dr. Joseph Black, a clinical and neuropsychological examiner who spoke in favor, told the committee the presence of observers or recording devices affects examinees’ performance and therefore the validity of the results. “If you impact the reliability of the findings, you automatically lower the validity,” Black said. He compared contaminating an exam to contaminating a blood draw: “Why on earth would we contaminate a blood draw at the time of collection knowing you're introducing…