To enhance the effectiveness of vocational rehabilitation services, it is necessary to ensure the integrity of the environment in which such services are delivered. This integrity can only be maintained where there is clear understanding as to the purposes of both the vocational rehabilitation services and the approved vocational rehabilitation provider. Consequently, in order to better promote the understanding of all parties and to better assist the Office of Education and Vocational Rehabilitation (OEVR) in overseeing the performance of each provider, the following guidelines are established:

  1. In all instances, an approved vocational rehabilitation provider must ensure that all services, including all disclosures relating to such services, are provided in a manner consistent with all applicable statutory and regulatory provisions, as well as those requirements set out in the Code of Professional Ethics for Rehabilitation Counselors and the Commonwealth of Massachusetts Licensed Rehabilitation Counselor standards of practice as accepted by the Commission on Rehabilitation Counselor Certification.

  2. In all instances in which OEVR has determined that an employee is suitable for vocational rehabilitation, an approved vocational rehabilitation provider shall, upon receipt of the referral, immediately notify OEVR as to the provider's rendering of any service involving the same injured employee prior to or concurrent with the provision of vocational rehabilitation services. In determining whether the rendering of any service prohibits the provision of vocational rehabilitation services, OEVR will be guided by 452 CMR § 4.04(3), which reads as follows:

  3. Certified providers performing any type of claims functions apart from vocational rehabilitation services, including hypothetical labor market surveys and earning capacity evaluations, shall be prohibited from providing vocational services to the same injured employee.