| An employee being treated by a health care provider of the |
| employee's own choice shall, after an injury and at all |
| reasonable times during the continuance of disability if so |
| requested by the employer, submit to an examination by a |
| physician or surgeon authorized to practice as such under the |
| laws of this State and certified in the field of practice that |
| treats the type of injury complained of by the employee, to be |
| selected and paid by the employer. Certification must be |
| obtained from a board recognized by the American Board of Medical |
| Specialties or its successor or by the American Osteopathic |
| Association or its successor.__In addition, the physician or |
| surgeon must have an active practice of treating patients, which |
| may be demonstrated by having treating privileges at a hospital. |
| Once an employer selects a health care provider to examine an |
| employee, the employer may not request that the employee be |
| examined by more than one other health care provider, other than |
| an independent medical examiner appointed pursuant to section |
| 312, without prior approval from the employee or a hearing |
| officer. This provision does not limit an employer's right to |
| request that the employee be examined by a specialist upon |
| referral by the health care provider. Once the employee is |
| examined by the specialist, the employer may not request that the |
| employee be examined by a different specialist in the same |
| specialty, other than an independent medical examiner appointed |
| pursuant to section 312, without prior approval from the employee |
| or the board. The employee has the right to have a physician or |
| surgeon of the employee's own selection present at such an |
| examination, whose costs are paid by the employer. The employer |
| shall give the employee notice of this right at the time the |
| employer requests an examination. |
