'Sec. 1. 39-A MRSA §312, sub-§2, as amended by PL 2005, c. 24, §1, is further amended to read:

2. Eligibility. An independent medical examiner shall render medical findings on the medical condition of an employee and related issues as specified under this section. The An independent medical examiner in a case may not be the employee's treating health care provider and may not have treated the employee with respect to the injury for which the claim is being made or the benefits are being paid. Nothing in this subsection precludes the selection of a provider authorized to receive reimbursement under section 206 to serve in the capacity of an independent medical examiner. Unless agreed upon by the parties, a A physician who has examined an employee at the request of an insurance company, employer or employee in accordance with section 207 during the previous 52 weeks is not eligible to serve as an independent medical examiner unless that physician is approved for inclusion on the list created pursuant to subsection 1 by a vote of 3/4 of the total membership of the board.

A physician who does not meet the eligibility requirements of this subsection may serve as an independent medical examiner for a claim if agreed to by the parties to that claim.'