Mental or physical examination to determine competence to practice osteopathic medicine or as physician assistant or anesthesiologist assistant; diversion program; consent to examination; testimony and examination reports not privileged; effect of failure to submit to 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, physician assistant or anesthesiologist assistant has raised a reasonable question as to his or her competence to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, with reasonable skill and safety to patients, the Board or the member designated by the Board may require the osteopathic physician, physician assistant or anesthesiologist assistant to submit to a mental or physical examination conducted by physicians designated by the Board. If the osteopathic physician, physician assistant or anesthesiologist 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 osteopathic physician, physician assistant or anesthesiologist assistant in the diversion program. As used in this subsection, “diversion program” means a program approved by the Board for an alcohol or other substance use disorder or any other impairment of an osteopathic physician, physician assistant or anesthesiologist assistant. 2. For the purposes of this section: (a) An osteopathic physician, physician assistant or anesthesiologist assistant who is licensed under this chapter and who accepts the privilege of practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist 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 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 an osteopathic physician, physician assistant or anesthesiologist assistant who is licensed under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the osteopathic physician, physician assistant or anesthesiologist assistant.