NAC630.550. Examination to determine fitness to practice.

     1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any practitioner of respiratory care has raised a reasonable question as to his or her competence to practice as a practitioner of respiratory care with reasonable skill and safety to patients, the Board may order that the practitioner of respiratory care undergo a mental or physical examination or an examination testing his or her competence to practice as a practitioner of respiratory care administered by physicians or practitioners of respiratory care or any other examination designated by the Board to assist the Board or committee in determining the fitness of the practitioner of respiratory care to practice as a practitioner of respiratory care.

     2. Every practitioner of respiratory care who applies for or is issued a license and who accepts the privilege of performing respiratory care in this State shall be deemed to have given his or her consent to submit to such an examination pursuant to subsection 1 if he or she is directed to do so in writing by the Board.

     3. For the purpose of this section, a report of the testimony or an examination by an examining physician or practitioner of respiratory care does not constitute a privileged communication.

     4. Except in extraordinary circumstances, as determined by the Board, the failure of a licensed practitioner of respiratory care to submit to an examination if he or she is directed to do so pursuant to this section constitutes an admission of the charges against him or her. A default and final order may be entered without the taking of testimony or presentation of evidence.

     5. A practitioner of respiratory care who is subject to an examination pursuant to this section shall pay the costs of the examination.

     (Added to NAC by Bd. of Medical Exam’rs by R108-01, eff. 11-29-2001)