Nevada § 630.318 - Examination of physician, physician assistant, practitioner of respiratory care or perfusionist to determine fitness to practice: Order; consent; testimony and reports not privileged; effect of failure to submit

§ 630.318. Examination of physician, physician assistant, practitioner of respiratory care or perfusionist to determine fitness to practice: Order; consent; testimony and reports not privileged; effect of failure to submit

1. If the Board or any investigative committee of the Board has reason to believe

that the conduct of any physician, physician assistant, practitioner of respiratory

care or perfusionist has raised a reasonable question as to his or her competence

to practice medicine, respiratory care or perfusion or practice as a physician assistant,

as applicable, with reasonable skill and safety to patients, or if the Board has received

a report pursuant to the provisions of NRS 630.3067 , 630.3068 or 690B.250 indicating that a judgment has been rendered or an award has been made against a

physician, physician assistant, practitioner of respiratory care or perfusionist regarding

an action or claim for malpractice or that such an action or claim against the physician,

physician assistant, practitioner of respiratory care or perfusionist has been resolved

by settlement, the Board or committee may order that the physician, physician assistant,

practitioner of respiratory care or perfusionist undergo a mental or physical examination,

an examination testing his or her competence to practice medicine, respiratory care

or perfusion or practice as a physician assistant, as applicable, or any other examination

designated by the Board to assist the Board or committee in determining the fitness

of the physician, physician assistant, practitioner of respiratory care or perfusionist

to practice medicine, respiratory care or perfusion or practice as a physician assistant,

as applicable. 2. For the purposes of this section: (a) Every physician, physician assistant, practitioner of respiratory care or perfusionist

who applies for a license or who is licensed under this chapter shall be deemed to

have given consent to submit to a mental or physical examination or an examination

testing his or her competence to practice medicine, respiratory care or perfusion

or practice as a physician assistant, as applicable, when ordered to do so in writing

by the Board or an investigative committee of the Board. (b) The testimony or reports of a person who conducts an examination of a physician,

physician assistant, practitioner of respiratory care or perfusionist on behalf of

the Board or an investigative committee of the Board pursuant to this section are

not privileged communications. 3. Except in extraordinary circumstances, as determined by the Board, the failure

of a physician, physician assistant, practitioner of respiratory care or perfusionist

licensed under this chapter to submit to an examination when directed as provided

in this section constitutes an admission of the charges against the physician, physician

assistant, practitioner of respiratory care or perfusionist.