Nevada Revised Statutes 629.620 – Rights of person examined; testimony or reports of examiner not privileged communications; suspension of examination; right of action for violation; exceptions
1. Notwithstanding any other provision of law and except as otherwise provided in this section, a person compelled to submit to a mental or physical examination pursuant to a court order, a contractual obligation or any other type of obligation retains the right to:
Terms Used In Nevada Revised Statutes 629.620
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Unless otherwise specified or agreed upon by both parties, receive notice of the requesting party’s intention to compel the person to submit to a mental or physical examination at least 21 days before the date of the examination;
(b) Have any observer of choice present throughout the examination, including, without limitation, the person’s attorney, provider of health care or any other person hired by or on behalf of the person;
(c) Have an interpreter present if the person believes that an interpreter is necessary to facilitate communication with the examiner;
(d) Take notes or appoint an observer to take notes during the examination; and
(e) After providing notice to the examiner, make an audio, stenographic or video recording of the examination or appoint an observer to make such a recording.
2. The testimony or reports of an examiner who conducts an examination of a person compelled to submit to a mental or physical examination described in subsection 1 are not privileged communications.
3. An examiner may suspend the examination of a person compelled to submit to a mental or physical examination pursuant to subsection 1 if an observer attending the examination disrupts or attempts to participate in the examination.
4. A person compelled to submit to a mental or physical examination may bring an action in a court of competent jurisdiction for a violation of this section to seek any or all of the following relief, if notice of the alleged violation is provided to the person who allegedly violated this section not later than 7 days before the action is commenced:
(a) Attorney’s fees;
(b) Actual damages or a fine of $1,500, whichever is greater;
(c) Injunctive relief;
(d) Protective relief; or
(e) An order prohibiting the use of any information gathered at the examination in any judicial or administrative proceeding.
5. The provisions of subsection 1 do not apply to a person compelled to submit to a mental or physical examination pursuant to title 5, 14, 15 or 39 of NRS or chapter 432B of NRS.
6. As used in this section:
(a) ’Examiner’ means a person conducting a mental or physical examination.
(b) ’Mental or physical examination’ does not include any evaluation:
(1) Made with respect to a child custody proceeding, as defined in NRS 125A.055; or
(2) Conducted by an examiner with whom the person compelled to submit to the examination has a preexisting relationship as a patient or will have a future relationship as a patient.