Waiver of physician-patient privilege — Examinations and reports

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  1. (a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional condition of the claimant.

  2. (b)

    1. (1) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Crime Victims Reparations Board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim.

    2. (2) The order shall:

      1. (A) Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and

      2. (B)

        1. (i) Require the person to file a detailed written report of the examination or autopsy with the board.

        2. (ii) The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.

  3. (c) The board shall furnish to the victim a copy of any reports examined. If the victim is deceased, the board, on request, shall furnish a copy of the report to the claimant.

  4. (d) The board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.


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