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Committee introduces RS32159 to prohibit recording of testing portions of psychological exams in workers' compensation cases
Summary
A legislative committee voted to introduce RS32159, a proposal that would clarify that audio or video recording of the testing portion of psychological, neuropsychological and psychiatric evaluations in workers' compensation examinations is not permitted while preserving a patient's right to record the broader evaluation.
A House committee voted to introduce RS32159, a proposed change intended to bar audio and video recording of the testing portion of psychological, neuropsychological and psychiatric evaluations in workers' compensation matters while preserving the injured employee's right to record the overall examination.
The bill, introduced by Representative Furman, would amend the existing workers' compensation testing provisions in statute (referred to in the transcript as “section 72-433”) to clarify that "while an injured employee retains the right to have an audio recording of their examination, the provision shall not apply to the testing portion of the site psychological, neuropsychological, or psychiatric evaluations." Representative Furman told the committee the change aims to protect the integrity of specialized tests that are detailed, costly and require licensed use.
Members questioned whether the proposal had been reviewed by the workers' compensation advisory committee; Representative Edward asked about that review and Representative Furman said he did not have an answer at the hearing. Representative Doreen moved to introduce RS32159 and requested that the sponsor return with additional answers; the motion carried on a voice vote.
Representative Furman told the committee the concern is that allowing a third party (for example, an attorney or other observer) to record the testing portion could allow the test items and procedures to be shared and would "completely destroy the integrity of that test." He said the bill preserves an injured worker's rights because a tested person could obtain a second evaluation and present that evidence later. Representative Kaylor clarified during questioning that, under the proposed change, the testing portion itself would not be subject to audio or video recording.
The committee did not record a roll-call tally; the motion to introduce RS32159 passed on a voice vote. The sponsor and members asked for follow-up information to be provided to the committee before further action.
