REPORT TITLE:
Independent Med Exam


DESCRIPTION:
Amends medical examination laws regarding independent medical
examinations by requiring employer requested medical examinations
to be done by a State-licensed experienced physician of the same
specialty as the treating physician.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2589
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INDEPENDENT MEDICAL EXAMINATIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 386-79, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�386-79  Medical examination by employer's physician.
 
 4 After an injury and during the period of disability, the
 
 5 employee, whenever ordered by the director of labor and
 
 6 industrial relations, shall submit to examination, at reasonable
 
 7 times and places, by a duly qualified physician or surgeon
 
 8 designated and paid by the employer[.] who is licensed under the
 
 9 same regulatory law and by the same licensing authority as the
 
10 treating physician.  The employee shall have the right to have a
 
11 physician or surgeon designated and paid by the employee present
 
12 at the examination, which right, however, shall not be construed
 
13 to deny to the employer's physician the right to visit the
 
14 injured employee at all reasonable times and under all reasonable
 
15 conditions during total disability.
 
16      If an employee refuses to submit to, or in any way obstructs
 
17 such examination, the employee's right to claim compensation for
 
18 the work injury shall be suspended until the refusal or
 
19 obstruction ceases and no compensation shall be payable for the
 

 
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                                     S.B. NO.           2589
                                                        
                                                        

 
 1 period during which the refusal or obstruction continues.
 
 2      In cases where the employer is dissatisfied with the
 
 3 progress of the case or where major and elective surgery, or
 
 4 either, is contemplated, the employer may appoint a physician or
 
 5 surgeon of the employer's choice who shall examine the injured
 
 6 employee and make a report to the employer[.]; provided that the
 
 7 physician or surgeon appointed is licensed under the same
 
 8 regulatory law and by the same licensing authority as the
 
 9 treating physician.  If the employer remains dissatisfied, this
 
10 report may be forwarded to the director.
 
11      Employer requested examinations under this section shall not
 
12 exceed more than one per case unless good and valid reasons exist
 
13 with regard to the medical progress of the employee's treatment.
 
14 The cost of conducting the ordered medical examination shall be
 
15 limited to the complex consultation charges governed by the
 
16 medical fee schedule established pursuant to section 386-21(c).
 
17      For the purposes of this section, "duly qualified" means
 
18 that the physician has an active professional and occupational
 
19 license under title 25 for the five consecutive years prior to
 
20 the employer requested examination."
 
21      SECTION 2.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     S.B. NO.           2589
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________