Section 281-A:38 Medical Examinations.
I. Any employee entitled to receive weekly payments or medical benefits under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a duly qualified health care provider, in accordance with professional standards as established by the commissioner, and paid by the employer at a time and place reasonably convenient for the employee. The employee shall have the right to have a health care provider designated and paid by himself or herself present at such examination. This right, however, shall not be construed to deny to the employer's health care provider the right to visit the injured employee at all reasonable times and under all reasonable conditions, so long as the employee claims compensation under this chapter.
II. Any health care provider conducting independent medical examinations under this chapter shall be certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or obtain the approval of the commissioner for those specialties not recognized by such board. The health care provider shall maintain a current practice in that area of specialty. The independent medical examination shall take place within a 50-mile radius of the residence of the injured employee, unless, within the discretion of the commissioner, examination outside the 50-mile radius is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee's injury. The injured employee shall not be required to submit to more than 2 independent medical examinations per year, unless within the discretion of the commissioner, more than 2 examinations are necessary.
Source. 1988, 194:2. 1994, 3:12, eff. Feb. 8, 1994. 1996, 231:1, eff. Aug. 9, 1996. 2005, 94:1, eff. Aug. 6, 2005.