istering an injured employee’s case, the vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor to the injured employee, including, without limitation, completing a written assessment pursuant to NRS 616C.550, unless, before the commencement of such services, the injured employee is provided with a written disclosure that: (a) Discloses the relationship between the vocational rehabilitation counselor and the entity administering the injured employee’s case; and (b) Informs the injured employee of his right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. 2. After receiving the written disclosure required pursuant to subsection 1, the injured employee has a right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. To be assigned an alternate vocational rehabilitation counselor, the injured employee must submit a written request to the entity administering the injured employee’s case before the commencement of vocational rehabilitation services. Not later than 10 days after receiving such a request, the entity administering the injured employee’s case shall assign the injured employee an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. (Added to NRS by 2005, 1491) NRS 616C.545 Duty of insurer to determine physical limitations on injured employee’s ability to work. If an employee does not return to work for 28 consecutive calendar days as a result of an injury arising out of and in the course of his employment or an occupational disease, the insurer shall contact the treating physician or chiropractor to determine whether: 1. There are physical limitations on the injured employee’s ability to work; and 2. The limitations, if any, are permanent or temporary. (Added to NRS by 1993, 664)—(Substituted in revision for NRS 616.51715) NRS 616C.547 General duties of vocational rehabilitation counselor. 1. The primary obligation of a vocational rehabilitation counselor is to the injured employee. 2. A vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor, including, without limitation, completing a written assessment pursuant to NRS 616C.550, if the employer of the vocational rehabilitation counselor administers the case of the injured employee. (Added to NRS by 2005, 810) NRS 616C.550 Written assessment of injured employee. 1. If benefits for a temporary total disability will be paid to an injured employee for more than 90 days, the insurer or the injured employee may request a vocational rehabilitation counselor to prepare a written assessment of the injured employee’s ability or potential to return to: (a) The position he held at the time that he was injured; or (b) Any other gainful employment. 2. Before completing the written assessment, the counselor shall: (a) Contact the injured employee and: (1) Identify the injured employee’s educational background, work experience and career interests; and (2) Determine whether the injured employee has any existing marketable skills. (b) Contact the injured employee’s treating physician or chiropractor and determine: (1) Whether the employee has any temporary or permanent physical limitations; (2) The estimated duration of the limitations; (3) Whether there is a plan for continued medical treatment; and (4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury. 3. Except as otherwise provided in NRS 616C.542 and 616C.547, a vocational rehabilitation counselor shall prepare a written assessment not more than 30 days after receiving a request for a written assessment pursuant to subsection 1. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to NRS 616C.555. 4. The Division may, by regulation, require a written assessment to include additional information. 5. If an insurer determines that a written assessment requested pursuant to subsection 1 is impractical because of the expected duration of the injured employee’s total temporary disability, the insurer shall: (a) Complete a written report which specifies his reasons for the decision; and (b) Review the claim at least once every 60 days. 6. The insurer shall deliver a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employee’s attorney or representative, if applicable. 7. For the purposes of this section, “existing marketable skills” include, but are not limited to: (a) Completion of: (1) A program at a trade school; (2) A program which resulted in an associate’s degree; or (3) A course of study for certification, if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this State. (b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree. (c) Completion of any portion of a program for a graduate’s degree at a college or university. (d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training. The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills. 8. Each written assessment of an injured employee must be signed by a certified vocational rehabilitation counselor. (Added to NRS by 1993, 664; A 1993, 2445; 1997, 1438; 2005, 811, 1494) NRS 616C.555 Plan for program of vocational rehabilitation. 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition. 2. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which he was notified that he is eligible only for job placement assistance because: (a) He was physically capable of returning to work; or (b) It was determined that he had existing marketable skills. 3. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee does not have existing mar

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