(2) A provider on the list maintained by the director under subsection (1) of this section may be excluded from the list by the director after a finding of a violation of standards of professional conduct for conducting independent medical examinations adopted by the appropriate health professional regulatory board. The director shall adopt by rule standards of professional conduct for providers performing independent medical examinations if the appropriate health professional regulatory board has not adopted standards pertaining to independent medical examinations. The rules adopted by the director under this subsection may be consistent with the guidelines of conduct published by the Independent Medical Examination Association in effect on June 4, 2007. The decision of the director to exclude a provider from the list maintained under subsection (1) of this section is subject to review under ORS 656.704.

(3) The director, in consultation with the advisory committee on medical care of the Workers’ Compensation Division of the Department of Consumer and Business Services, the Workers’ Compensation Management-Labor Advisory Committee and affected interest groups shall develop, and the director shall adopt by rule:

(a) Professional licensing training requirements and educational materials for physicians participating in the workers’ compensation system and conducting independent medical examinations required under ORS 656.325 (1); and

(b) A process for investigating and reviewing complaints about independent medical examinations conducted under the requirements of ORS 656.325 (1) that includes, but is not limited to, standards for referring complaints to the appropriate health professional regulatory board and an appeals process for a physician who disagrees with an action taken by the director under subsection (2) of this section. [2005 c.675 §5; 2007 c.300 §1]