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Committee introduces RS 32159 to bar recordings of workers' compensation testing
Summary
The House Commerce and Human Resources Committee introduced RS 32159, a proposal by Representative Furman to prohibit audio and video recording of the testing portion of psychological, neuropsychological and psychiatric evaluations conducted for workers' compensation cases; the measure was introduced by voice vote with no recorded opposition.
Representative Furman introduced RS 32159 during a meeting of the House Commerce and Human Resources Committee, proposing an amendment to Idaho law (section 72-433) to prohibit audio or video recording of the testing portions of psychological, neuropsychological and psychiatric evaluations performed as part of workers' compensation examinations.
The measure would clarify that while an injured employee retains the right to an audio recording of an examination generally, that right “shall not apply to the testing portion of the site psychological, neuropsychological or psychiatric evaluations,” Furman said. He told the committee the change is intended to protect the integrity of commercially supplied tests used by licensed psychologists and psychiatrists.
Nut graf: Supporters said recordings of the testing portion could disclose test content and undermine future test results; opponents and committee members asked whether the change had been reviewed by the workers' compensation advisory group and sought clarification about which parts of evaluations could still be recorded.
Furman said the proposal separates the evaluation from the testing: “There's the evaluation which happens, and that can still be recorded,” he said, “but the testing part itself would not be recorded.” He added that the tests are “very detailed and very specific and they're very expensive,” and that public disclosure of test content would “completely destroy the integrity of that test.” Furman also said an injured employee could be tested again, including with an attorney present, and that the bill would not remove the employee's ability to seek a second test.
A committee member asked whether the proposal had been routed through the workers' compensation advisory committee; Furman said he did not have an answer to that question during the meeting. Another member asked directly whether the change would remove any ability for the employee to record testing; Furman replied, “no. Under the change here for the testing portion, there would be no audio or video recording.”
The committee approved a motion to introduce RS 32159. The motion carried by voice vote with no recorded opposition; the committee invited Furman to return with additional details if available.
Ending: The committee took no final action beyond introducing the proposal; Furman said he will provide further information about advisory-committee review at a later appearance if available.
