IME by Out-of-State Physician

Occasionally the need arises in a case to retain a physician from another state to obtain a Rule 35 examination of a litigant.  If the physician does not possess a current Nevada medical license, there is often a question as to whether the physician can in fact perform an examination in Nevada without a license.

There is a solution to this conundrum similar to the pro hac vice process for attorneys.  It appears the Nevada State Board of Medical Examiners will permit the physician who is not licensed in Nevada to perform the examination if NAC 630.225(1) is satisfied.  This requires as follows:

Any physician licensed in this State shall notify the Board if any unlicensed physician comes into this State for consultation with or assistance to the physician licensed in this State and specify the date of the consultation or assistance, whether the unlicensed physician has provided such consultation or assistance, or both, to the licensed physician in the past, and the date of that consultation and assistance.

A “host” doctor must be willing to effectively chaperone the process, but this satisfies the regulation where a suitable Nevada licensed physician cannot be located.