Examination of osteopathic physician, physician assistant or anesthesiologist assistant to test competence to practice; consent to examination; testimony and examination reports not privileged

1. Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board receives a report pursuant to the provisions of NRS 633.526, 633.527 or 690B.250 indicating that a judgment has been rendered or an award has been made against an osteopathic physician, physician assistant or anesthesiologist assistant regarding an action or claim for malpractice, or that such an action or claim against the osteopathic physician, physician assistant or anesthesiologist assistant has been resolved by settlement, the Board or committee may order the osteopathic physician, physician assistant or anesthesiologist assistant to undergo a mental or physical examination or any other examination designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant or an anesthesiologist assistant as applicable. An examination conducted pursuant to this subsection must be conducted by a person designated by the Board. 2. For the purposes of this section: (a) An osteopathic physician, physician assistant or anesthesiologist assistant who applies for a license or who holds a license under this chapter is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, pursuant to a written order by the Board. (b) The testimony or reports of a person who conducts an examination of an osteopathic physician, physician assistant or anesthesiologist assistant on behalf of the Board pursuant to this section are not privileged communications.