2005 Idaho Code - 54-1834 — EXAMINATION BY COMMITTEE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 18
                           PHYSICIANS AND SURGEONS
    54-1834.  EXAMINATION BY COMMITTEE. (a) The examining committee assigned
to examine a physician pursuant to referral by the board under section
54-1833[, Idaho Code,] shall conduct an examination of such physician for the
purpose of determining the physician's fitness to practice medicine with
reasonable skill and safety to patients, either on a restricted or
unrestricted basis, and shall report its findings and recommendations to the
board. The committee shall order the physician to appear before the committee
for hearing and give him ten (10) days' notice of time and place of the
hearing, together with a statement of the cause for such examination. Such
notice shall be served upon the physician either personally or by registered
or certified mail with return receipt requested.
    (b)  If the examining committee, in its discretion, should deem a mental
or physical examination of the physician necessary to its determination of the
fitness of the physician to practice, the committee shall order the physician
to submit to such examination. Any person licensed to practice medicine in
this state shall, by so practicing or by making or filing of annual
registration to practice medicine in this state, be deemed to have given his
consent to submit to mental or physical examination when so directed by the
examining committee and, further, to have waived all objections to the
admissibility of the examining committee's report to the board on the grounds
of privileged communication. Any physician ordered to a hearing before the
committee under subsection (a) of this section shall be entitled to a mental
or physical examination by that committee if he makes request therefor.
    (c)  Any physician who submits to a diagnostic mental or physical
examination as ordered by the examining committee shall have a right to
designate another physician to be present at the examination and make an
independent report to the board.
    (d)  Failure of a physician to comply with a committee order under
subsection (b) of this section to appear before it for hearing or to submit to
mental or physical examination under this section shall be reported by the
committee to the board, and, unless due to circumstances beyond the control of
the physician, shall be grounds for suspension by the board of the physician's
license to practice medicine in this state until such time as such physician
has complied with the order of the committee.