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Idaho House committee holds bill that would bar observers, recordings of standardized psychological testing in workers' compensation exams

2491371 · February 17, 2025
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Summary

An Idaho House committee voted to hold House Bill 115 after testimony split lawmakers and witnesses over whether attorneys or other third parties may observe or audio/video-record the standardized testing portion of psychological and neuropsychological independent medical exams in workers' compensation cases.

An Idaho House committee voted to hold House Bill 115 in committee after extended testimony on whether attorneys or other third parties should be allowed to observe or record the standardized testing portion of psychological and neuropsychological independent medical evaluations (IMEs) in workers' compensation cases.

The proposal, introduced by Representative Ben Furman, would amend Idaho Code Section 72-4-33 to restrict third‑party observation and audio/video recording during the standardized testing portion of such IMEs while still allowing other remedies and review mechanisms after testing is complete.

Supporters, including Dr. Joseph Black, a psychologist who conducts IMEs, said third‑party observation and recordings can change how examinees respond and compromise test validity. "The presence of third‑party observation, including recording, actually materially affects the validity of those results in unreliable ways," Dr. Black told the committee, adding that recorded or observed…

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