633.561 - Mental or physical examination. - Nevada Statutes

633.561  Mental or physical 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 has raised a reasonable question as to his or her competence to practice osteopathic medicine with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician to submit to a mental or physical examination by physicians designated by the Board. If the osteopathic physician 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 in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board to correct an osteopathic physician’s alcohol or drug dependence or any other impairment.

      2.  For the purposes of this section:

      (a) Every physician who is licensed under this chapter who accepts the privilege of practicing osteopathic medicine in this State shall be deemed to have given consent to submit to a mental or physical examination if directed to do so in writing 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 a physician who is licensed under this chapter to submit to an examination if directed as provided in this section constitutes an admission of the charges against the physician.

      (Added to NRS by 1977, 950; A 2001, 494; 2005, 766; 2009, 2986)