Committee holds bill that would bar third‑party observation or recordings of workers’ compensation psychological testing

The House Commerce and Human Resources Committee on Wednesday held House Bill 115 after a lengthy hearing that split testimony from psychologists, attorneys and insurance representatives.

The committee voted 11‑4 to table the bill, which would amend Idaho Code Section 72‑433 to prohibit third‑party observation and audio or video recording during the standardized testing portion of psychological and neuropsychological independent medical examinations (IMEs) in workers’ compensation cases.

Supporters, including the bill sponsor, Representative Ben Furman, said the change is narrowly aimed at protecting test security and the scientific validity of standardized testing used to diagnose conditions such as traumatic brain injury and post‑traumatic stress. Representative Ben Furman introduced the measure and turned his allotted time to Dr. Joseph Black, a neuropsychologist who testified in favor.

Dr. Joseph Black said research shows observation and recording can change how examinees respond. "The presence of TPO, third party observation, including recording, actually materially affects the validity of those results in unreliable ways," Black told the committee. He described the testing portion as a standardized battery administered in a controlled environment and said preserving that standardization is…