Nevada § 634.211 - Physical or mental examination of chiropractic physician or chiropractic assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit

§ 634.211. Physical or mental examination of chiropractic physician or chiropractic assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit

1. If the President or a member of the Board designated to review a complaint pursuant

to NRS 634.170 has reason to believe that the conduct of a chiropractic physician or chiropractic

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

as a chiropractic physician or as a chiropractic assistant, as applicable, with reasonable

skill and safety to patients, the President or the member of the Board designated

by the President may require the chiropractic physician or chiropractic assistant

to submit to a mental or physical examination conducted by the appropriate medical

providers designated by the Board. The Board shall pay the costs of any examination required pursuant to this subsection. 2. If the chiropractic physician or chiropractic 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 chiropractic

physician or chiropractic assistant in the diversion program. As used in this subsection, “ diversion program ” means a program approved by the Board to correct a chiropractic physician or chiropractic

assistant's alcohol or drug dependence or any other impairment. 3. For the purposes of this section: (a) A chiropractic physician who is licensed or a chiropractic assistant who is certified

under this chapter and who accepts the privilege of practicing chiropractic or practicing

as a chiropractic 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 President or

member of the Board designated to review a complaint. (b) The testimony or examination reports of the examining medical provider are not

privileged communications. 4. Except in extraordinary circumstances, as determined by the Board, the failure

of a chiropractic physician who is licensed or a chiropractic assistant who is certified

under this chapter to submit to an examination pursuant to this section constitutes

an admission of the charges against the chiropractic physician or chiropractic assistant.