NOTICE OF HEARING TO CONSIDER AMENDMENTS TO THE
WORKERS’ COMPENSATION RULES OF PROCEDURE, 7CCR 1101-3

Notice is given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section 8-47-107 as well as section 
8-42-101(3) C.R.S.

Date and Time of Hearing:	March 6, 2007
					9:00 a.m. 

Place of Hearing:			2nd Floor Conference Room
					633 17th Street
					Denver, CO

The public hearing will be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Bob Summers, Director, Division of Workers’ Compensation, 633 17th Street, Suite 400, Denver, CO 80202.  Any written submissions should be submitted to the Director prior to the hearing on March 6, 2007.   

The topics to be considered are:

Rule 17: amendment to 17-5 by the addition of a new subsection and the corresponding renumbering of the subsections. 

Exhibit 1 and Exhibit 8: updates and revisions to the entire exhibits, including terminology, procedures and implementation of these exhibits.

Exhibit 9:  amendments to the exhibit in the subject area of spinal injections.  Based on the rule language adopted in Exhibits 1 and 8 concerning spinal injections, this exhibit will be amended so that it does not conflict with those exhibits. Also, amendment to F.7.g.

Exhibit 5: amendment to F.5.d.

Exhibit 6: amendment to F.4.d.  

Corresponding amendments to the table of contents for each exhibit as necessary. 

Proposed rules will be available at the Department’s website on or before February 23, 2007.  Copies of the proposed rules, the proposed statement of basis and purpose, and a regulatory analysis will also be available on February 23, 2007 at the Division’s Customer Service Office, 633 17th Street, 4th Floor, Denver, Colorado, or on the website.

Bob Summers			January 19, 2007
Director              	DATE

PROPOSED STATEMENT OF BASIS AND PURPOSE FOR
AMENDMENTS TO THE WORKERS’ COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3

BASIS:  §8-47-107, C.R.S. provides the Director of the Division of Workers’ Compensation with authority to adopt and amend proper rules and regulations to govern the proceedings and hearings of the Division.  In addition, 8-42-101(3)(a)(I) provides that the Director shall adopt rules regarding medical treatment guidelines.   

PURPOSE:  To add a new subsection regarding the application of the Medical Treatment Guidelines to Rule 17-5 and renumber the subsection thereafter.  Revise and update the terminology, procedures and implementation of Exhibits 1 and 8.  Amend section F.7.g of Exhibit 9, and amend the subject area of spinal injections in Exhibit 9 so that it does not conflict with the language that is ultimately adopted in Exhibits 1 and 8 concerning spinal injections. Amend Exhibit 5 at F.5.d.  Amend Exhibit 6 at F.4.d.  The purpose of amending these specific subsections is to update the language concerning nonsteroidal anti-inflammatory drugs.     

The rule amendments address the following subjects:

•	Rule 17 Medical Treatment Guidelines clarify and amend the terminology and application of the Medical Treatment Guidelines.

Exhibits 1(Low Back Pain) and 8 (Cervical Spine Injury) terminology, procedures and implementation of these exhibits will be updated and revised in their entirety.

Exhibit 9 (Chronic Pain Disorder) Amend section F.7.g., Nonsteroidal Anti-Inflammatory Drugs (NSAIDs).  Amendments to the exhibit in the subject area of spinal injections.  This exhibit will be amended so that it does not conflict with rule language adopted in Exhibits 1 and 8 concerning spinal injections.

Exhibit 5 (Cumulative Trauma Disorder) Amendment to F.5.d., NSAIDs.  

Exhibit 6 (Lower Extremity) Amendment to F.4.d., NSAIDs.  

	Corresponding amendments to the Tables of Contents as necessary.

Pursuant to §24-4-103(4)(b), C.R.S., the Director finds that: 1) there is a demonstrated need for the rule amendments; 2) the proper statutory authority exists for this regulation; 3) to the extent practicable, the rules are clearly stated so that their meaning will be understood by any party required to comply with the regulation; 4) the rules do not conflict with other provisions of law; and 5) the duplicating or overlapping of the regulation is explained by the agency proposing the rules.

Bob Summers							1/19/2007
Bob Summers							Date
Director
Division of Workers’ Compensation