| 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, surgeon, nurse practitioner, physician's assistant or |
| chiropractor authorized to practice as such under the laws of |
| this State, to be selected and paid by the employer. The |
| physician, surgeon, nurse practitioner, physician's assistant or |
| chiropractor must have an active practice of treating patients or |
| have discontinued an active practice not more than 2 years before |
| the date of the examination. For purposes of this section, |
| "active practice" may be demonstrated by having treating |
| privileges at a hospital. A physician or surgeon must be |
| certified in the field of practice that treats the type of injury |
| complained of by the employee. Certification must be by a board |
| recognized by the American Board of Medical Specialties or the |
| American Osteopathic Association or their successor |
| organizations. A chiropractor licensed by the Board of |
| Chiropractic Licensure, who has an active practice of treating |
| patients or who discontinued an active practice not more than 2 |
| years before the examination, may provide a 2nd opinion when the |
| initial opinion was given by a chiropractor. 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, surgeon, nurse |
| practitioner, physician's assistant or chiropractor 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. |
