Texas 2009 - 81st Regular

Texas House Bill HB2547 Compare Versions

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Old	New	Differences
1	1	H.B. No. 2547
2	2
3	3
4	4	AN ACT
5	5	relating to the use of a description of employment in determining
6	6	the safety and appropriateness of a return to employment by an
7	7	injured employee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 408, Labor Code, is
10	10	amended by adding Section 408.0221 to read as follows:
11	11	Sec. 408.0221. REQUEST FOR DESCRIPTION OF EMPLOYMENT. (a)
12	12	This section applies only to an employee of an employer who has 10
13	13	or more employees.
14	14	(b) To facilitate an injured employee's return to
15	15	employment as soon as it is considered safe and appropriate by the
16	16	injured employee's treating doctor, the treating doctor may request
17	17	that the injured employee's employer provide the treating doctor
18	18	with the information described by Subsection (d) on the form
19	19	adopted under that subsection.
20	20	(c) Information provided to a treating doctor under
21	21	Subsection (b) does not constitute:
22	22	(1) a request by the employer that the injured
23	23	employee return to the employment;
24	24	(2) an offer of employment by the employer for the
25	25	injured employee to return to employment; or
26	26	(3) an admission of the compensability of the injury
27	27	of the employee.
28	28	(d) The commissioner shall prescribe a form to provide
29	29	information from an employer to a treating doctor concerning the
30	30	functions and physical responsibilities of an injured employee's
31	31	job. To the extent possible, the form prescribed under this
32	32	subsection shall be one page, use a check box format as appropriate,
33	33	and be compatible with electronic mail. The form must include:
34	34	(1) the name and address of the employer and the
35	35	contact information and availability of the individual
36	36	representing the employer who has knowledge of the injured
37	37	employee's job;
38	38	(2) the scope of the injured employee's employment,
39	39	including any specific tasks, job duties, or work activities that
40	40	the injured employee was required to perform at the time the
41	41	employee sustained the injury; and
42	42	(3) an area for additional comments or information by
43	43	the employer or individual representing the employer concerning:
44	44	(A) the injured employee's job; or
45	45	(B) the availability, if any, of other jobs that
46	46	the employer may have that the employer would like the treating
47	47	doctor to consider in determining whether an injured employee is
48	48	able to return to work.
49	49	(e) The commissioner may adopt rules as necessary to
50	50	implement this section and to facilitate communication between the
51	51	employer and the treating doctor regarding return-to-work
52	52	opportunities.
53	53	SECTION 2. This Act takes effect September 1, 2009.
54	54	______________________________ ______________________________
55	55	President of the Senate Speaker of the House
56	56	I certify that H.B. No. 2547 was passed by the House on May 7,
57	57	2009, by the following vote: Yeas 146, Nays 0, 1 present, not
58	58	voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	I certify that H.B. No. 2547 was passed by the Senate on May
62	62	26, 2009, by the following vote: Yeas 31, Nays 0.
63	63	______________________________
64	64	Secretary of the Senate
65	65	APPROVED: _____________________
66	66	Date
67	67	_____________________
68	68	Governor