24-8-826. Medical reports in narrative form.

Upon the trial of any civil proceeding involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report shall first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing such report may be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise.#

In all juvenile dependency adjudications under Article 3 of Chapter 11 of Title 15 involving injury or disease, any medical report in narrative form as described in subsection (a) of this Code section and notice of intention to introduce such report shall first be provided to the adverse party at least five days prior to the adjudication hearing. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within three days of being provided with the report. All other provisions contained in subsection (a) of this Code section concerning medical reports in narrative form shall be applicable to juvenile dependency cases.#

In all termination of parental rights hearings under Article 4 of Chapter 11 of Title 15 involving injury or disease, any medical report in narrative form as described in subsection (a) of this Code section and a notice of intention to introduce such report shall first be provided to the adverse party at least 15 days prior to the adjudication hearing. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within seven days of being provided with such report. All other provisions contained in subsection (a) of this Code section concerning medical reports in narrative form shall be applicable to parental rights hearings.#

The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence.#