Lawmaker seeks ban on recordings of testing portions of psychological exams in workers' compensation cases

Representative Furman told the committee he introduced RS 32159 to change an existing code provision dealing with psychological, neuropsychological and psychiatric testing used in workers' compensation cases. "This is a change to, a current code that we have, section 72 dash 4 3 3, that has to do with psychological, neuropsychological, and other big words that are hard to say...when it comes to testing for people who are, under workers' comp care," he said.

Furman said the issue arises when employers or third parties seek to have testing done and attorneys or other third-party representatives attend. "The problem that we have currently in statute is that our law allows for the testing portion in the evaluation and testing portion of that to be done with a third party administrator or third party present. So the attorney can be present during the testing and that throws off the integrity of the test," he said.

Under the change described by Furman, an injured employee would retain a right to an audio recording of their overall examination, but "the provisions of the subsection shall not apply to the testing portion" of psychological, neuropsychological or psychiatric evaluations, he said. Furman added that the tests are proprietary and that allowing recordings of the testing portion could "completely destroy the integrity of that test." He also noted an employee could seek a second test with counsel if desired.

Committee members asked for procedural context. One lawmaker asked whether the bill had been reviewed by the workers' compensation advisory committee; Furman said he did not have an answer at that time and the motion to introduce included a hope that the sponsor would return with additional information.

Committee discussion clarified the bill's practical effect: recording would remain allowed for the evaluation portion but not for the formal testing portion. When asked whether an employee could obtain an audio or video recording of the testing itself, Furman replied that the change would not allow an audio or video recording of the testing portion.

The committee approved a motion to introduce RS 32159. The motion to introduce was made during the meeting and passed by voice vote with no opposition recorded.

The measure as described would change how recordings are treated in workers' compensation psychological testing; sponsors said the goal is to protect proprietary testing instruments and preserve their integrity while not removing an injured worker's other rights.

The committee did not record additional specifics about implementation timelines or whether the workers' compensation advisory committee had reviewed the draft; the sponsor said he would follow up with requested answers.