Nevada Revised Statutes 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.
Terms Used In Nevada Revised Statutes 630.318
- 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
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.