NRS641A.315. Examination to determine competence.

      1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern has raised a reasonable question as to his or her competence to practice therapy or clinical professional counseling with reasonable skill and safety, it may order the marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to undergo:

      (a) A mental or physical examination administered by an appropriately licensed provider of health care;

      (b) An examination testing his or her competence to practice therapy or clinical professional counseling; or

      (c) Any other examination designated by the Board,

Ê to assist the Board or committee in determining the fitness of the marriage and family therapist or marriage and family therapist intern to practice therapy or the clinical professional counselor or clinical professional counselor intern to practice clinical professional counseling.

      2.  For the purposes of this section:

      (a) Every marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern who applies for a license or who is licensed pursuant to this chapter is deemed to have given consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.

      (b) The testimony and reports of the examining provider of health care are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him or her.

      4.  The Board may require the marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to pay the cost of the examination.

      (Added to NRS by 1989, 1201; A 2007, 3061)