(d) If requested by the party against whom an

order is made under this rule, or who has volunta- rily agreed to an examination, the party causing the examination to be made shall deliver to such party a copy of a written report of the examin- ing physician, setting out the findings, including results of all tests made, diagnoses and conclu- sions, together with like reports of all earlier exam- inations of the same condition. After delivery, the party causing the examination shall be entitled upon request to receive from the party against whom the order is made, or who has voluntarily agreed to an examination, a like report of any examination, previously or thereafter made, of the same condition. The judicial authority on motion may make an order requiring delivery by a party of a report on such terms as are just, and if a physician fails or refuses to make a report, the judicial authority may exclude the physician’s tes- timony if offered at the trial. (e) By requesting and obtaining a report of the examination so ordered or by taking the deposi- tion of the examiner, the party examined waives, in that action, or in any other action involving the same controversy, any privilege he or she may have regarding the testimony of every other per- son who has examined or may thereafter examine the party in respect to the same mental or physi- cal condition. (f) This section does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other section of this chapter. (P.B. 1978-1997, Sec. 229.) (Amended June 21, 2010, to take effect Jan. 1, 2011.)