Nevada § 633.561 - Mental or physical examination to determine competence to practice osteopathic medicine or as physician assistant or anesthesiologist assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit to examination

§ 633.561. Mental or physical examination to determine competence to practice osteopathic medicine or as physician assistant or anesthesiologist assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit to examination

1. Notwithstanding the provisions of chapter 622A of NRS , if the Board or a member of the Board designated to review a complaint pursuant

to NRS 633.541 has reason to believe that the conduct of an osteopathic physician, physician assistant

or anesthesiologist assistant has raised a reasonable question as to his or her competence

to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist

assistant, as applicable, with reasonable skill and safety to patients, the Board

or the member designated by the Board may require the osteopathic physician, physician

assistant or anesthesiologist assistant to submit to a mental or physical examination

conducted by physicians designated by the Board. If the osteopathic physician, physician assistant or anesthesiologist assistant

participates in a diversion program, the diversion program may exchange with any authorized

member of the staff of the Board any information concerning the recovery and participation

of the osteopathic physician, physician assistant or anesthesiologist assistant in

the diversion program. As used in this subsection, “ diversion program ” means a program approved by the Board for an alcohol or other substance use disorder

or any other impairment of an osteopathic physician, physician assistant or anesthesiologist

assistant. 2. For the purposes of this section: (a) An osteopathic physician, physician assistant or anesthesiologist assistant who

is licensed under this chapter and who accepts the privilege of practicing osteopathic

medicine or practicing as a physician assistant or anesthesiologist assistant in this

State is deemed to have given consent to submit to a mental or physical examination

pursuant to a written order by the Board. (b) The testimony or examination reports of the examining physicians are not privileged

communications. 3. Except in extraordinary circumstances, as determined by the Board, the failure

of an osteopathic physician, physician assistant or anesthesiologist assistant who

is licensed under this chapter to submit to an examination pursuant to this section

constitutes an admission of the charges against the osteopathic physician, physician

assistant or anesthesiologist assistant.