HARRY HUGHES, Governor

1529

by the Commission. A physician who accepts the privilege of
practicing medicine in this State and is duly licensed to
practice medicine is deemed to have given his consent to
submit to an examination when requested in writing by the
Commission, and to have waived all objections to the
admissibility of the testimony or examination reports of the
examining physician or physicians on the ground that the
testimony or reports constitute a privileged communication.
If a physician fails or refuses to submit to an examination
under circumstances which the Commission finds are not
beyond his control, the failure or refusal is prima facie
evidence of his inability to practice medicine competently
and in compliance with standards of acceptable and
prevailing medical practice at any hearing before the
Commission upon charges made against the physician under
this section.

(q) [The records of any proceeding before the
Commission or of any of its investigatory bodies or any
order passed by the Commission may not be admitted]
PROCEEDINGS, RECORDS AND FILES OF THE COMMISSION, AND ITS
INVESTIGATORY BODIES ARE CONFIDENTIAL AND ARE NEITHER
DISCOVERABLE NOR ADMISSIBLE into evidence in any proceeding,
civil or criminal, except by the express stipulation and
consent of all parties to the proceeding. COMMISSION ORDERS
ARE NOT CONFIDENTIAL BUT ARE INADMISSIBLE INTO EVIDENCE AS
PROVIDED ABOVE. THIS SECTION DOES NOT APPLY TO A CIVIL
ACTION BROUGHT BY A PARTY TO A COMMISSION PROCEEDING WHO
CLAIMS TO BE AGGRIEVED BY A COMMISSION DECISION. [This]
ALSO, THIS section may not be construed to prevent the
production of medical records, hospital records, or any
other exhibit in any other proceeding, provided that the
medical records, hospital records, or other exhibit is
legally subpoenaed and is otherwise admissible.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.

CHAPTER 494

(House Bill 1864)

AN ACT concerning

Board of Dental Examiners

FOR the purpose of changing the limit on the amount that the
Board may set as the annual registration fee for
dentists; establishing a limited license for
out-of-state dental hygienists to teach dental hygiene
in this State; providing for their qualifications;