Regulation 36/24, known as the “Automobile Accident Diagnostic and Treatment Protocols Regulations,” was established under the authority of the Automobile Insurance Act in Newfoundland and Labrador outlines protocols for diagnosing and treating specific injuries resulting from automobile accidents, specifically focusing on strains, sprains, and whiplash-associated disorders.

The regulation begins with a short title and defines critical terms, such as “health care practitioner,” “adjunct therapist,” and “patient,” establishing a framework for interpreting the protocols. The application and operation section specifies that the regulations apply when a patient opts to receive treatment for injuries related to an automobile accident in accordance with these protocols. Notably, a single visit to a health care practitioner is counted as one treatment session, irrespective of the number of injuries addressed during that visit. Furthermore, health care practitioners must operate within their legally defined scopes of practice.

The diagnostic and treatment protocols are divided into specific areas, starting with strains and sprains. Detailed protocols are established for diagnosing and treating these injuries, including criteria for assessing their severity. Health care practitioners are required to conduct thorough examinations that incorporate patient history and evidence-informed practices. Treatment plans must include patient education on recovery expectations, strategies for managing inflammation, and physical rehabilitation techniques. Similarly, protocols for whiplash-associated disorder injuries are outlined, detailing diagnostic criteria and various treatment options that include conservative management and referrals for specialized care.

In terms of treatment plans and limits, the regulations specify the creation of individualized plans while also dictating the maximum number of visits allowed for both single and multiple injuries. Limits are imposed on treatments provided by adjunct therapists to ensure care remains focused and manageable. Additionally, a register of approved injury management consultants is established, which details the eligibility requirements for consultants and conditions under which they may cease practice.

The claims and payment sections prioritize efficient processing by insurers, outlining the necessary steps for both patients and health care practitioners to submit claims for treatment. Provisions are included for situations where insurers fail to respond or subsequently deny claims, aiming to streamline the claims process for all parties involved. Moreover, the regulation allows the superintendent to set fees for services under these protocols, ensuring that practitioners do not exceed the published fee limits.

By promoting evidence-informed practices and outlining specific procedures and limitations, the regulation strives to balance effective patient care with efficient claims processing within the insurance framework. Ultimately, it aims to benefit both patients and practitioners by ensuring that appropriate care is delivered in a timely and organized manner.

Newfoundland and Labrador (36/24) June 20, 2024