1. If the President or a member of the Board designated to review a complaint pursuant to NRS 634.170 has reason to believe that the conduct of a chiropractic physician or chiropractor’s assistant has raised a reasonable question as to his or her competence to practice as a chiropractic physician or as a chiropractor’s assistant, as applicable, with reasonable skill and safety to patients, the President or the member of the Board designated by the President may require the chiropractic physician or chiropractor’s assistant to submit to a mental or physical examination conducted by the appropriate medical providers designated by the Board. The Board shall pay the costs of any examination required pursuant to this subsection.
2. If the chiropractic physician or chiropractor’s 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 chiropractic physician or chiropractor’s assistant in the diversion program. As used in this subsection, "diversion program" means a program approved by the Board to correct a chiropractic physician or chiropractor’s assistant’s alcohol or drug dependence or any other impairment.
3. For the purposes of this section:
(a) A chiropractic physician who is licensed or a chiropractor’s assistant who is certified under this chapter and who accepts the privilege of practicing chiropractic or practicing as a chiropractor’s 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 President or member of the Board designated to review a complaint.
(b) The testimony or examination reports of the examining medical provider are not privileged communications.
4. Except in extraordinary circumstances, as determined by the Board, the failure of a chiropractic physician who is licensed or a chiropractor’s assistant who is certified under this chapter to submit to an examination pursuant to this section constitutes an admission of the charges against the chiropractic physician or chiropractic assistant.
(Added to NRS by 2015, 508)