Title 9, Chapter 11, Section 35
(a) Order for examination. When the mental or physical condition
(including the blood group) of a party, or of a person in the
custody or under the legal control of a party, is in controversy,
the court in which the action is pending may order the party to
submit to a physical examination by a physician or to submit to a
mental examination by a physician or a licensed psychologist or to
produce for examination the person in his custody or legal control.
The order may be made only on motion for good cause shown and upon
notice to the person to be examined and to all parties and shall
specify the time, place, manner, conditions, and scope of the
examination and the person or persons by whom it is to be made.
(b) Report of examining physician or psychologist.
(1) If requested by the party against whom an order is made under
subsection (a) of this Code section or by the person examined, the
party causing the examination to be made shall deliver to him a
copy of a detailed written report of the examining physician or
psychologist setting out his findings, including results of all
tests made, diagnoses, and conclusions, together with like reports
of all earlier examinations of the same condition.
(2) Any party shall be entitled, upon request, to receive from the
party whose physical or mental condition is in issue, or who is in
control of, or has legal custody of, a person whose physical or
mental condition is in issue, a report of any and every
examination, previously or thereafter made, of the condition in
issue, unless, in the case of a report of examination of a person
not a party, the party shows that he is unable to obtain it.
(3) The court, on motion, may make an order against a party
requiring delivery of a report under paragraph (1) or (2) of this
subsection on such terms as are just; and, if a physician or
psychologist fails or refuses to make a report, the court may
exclude his testimony if offered at the trial.
(4) By requesting and obtaining a report of the examination so
ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action, or any
other action involving the same controversy, regarding the
testimony of every other person who has examined or may thereafter
examine him in respect to the same mental or physical condition.
(5) Paragraphs (1) through (4) of this subsection apply to
examinations made by agreement of the parties, unless the
agreement expressly provides otherwise. Paragraphs (1) through (4)
of this subsection do not preclude discovery of a report of an
examining physician or psychologist or the taking of a deposition
of the physician or psychologist in accordance with any other Code
section of this chapter.