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2017 Idaho Statutes
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 18 - PHYSICIANS AND SURGEONS
Section 54-1834 - EXAMINATION BY COMMITTEE.
Universal Citation: ID Code § 54-1834 (2017)
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.
History:
[54-1834, added 1976, ch. 290, sec. 4, p. 1001.]
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