Ohio § 2743.62

§ 2743.62.

(A)(1) Subject to division (A)(2) of this section, there is no privilege, except the privileges

arising from the attorney-client relationship, as to communications or records that

are relevant to the physical, mental, or emotional condition of the claimant or victim

in a proceeding under sections 2743.51 to 2743.72 of the Revised Code in which that condition is an element. (2)(a) Except as specified in division (A)(2)(b) of this section, any record or report that

the court of claims or the attorney general has obtained prior to, or obtains on or

after, June 30, 1998, under the provisions of sections 2743.51 to 2743.72 of the Revised Code and that is confidential or otherwise exempt from public disclosure under section 149.43 of the Revised Code while in the possession of the creator of the record or report shall remain confidential

or exempt from public disclosure under section 149.43 of the Revised Code while in the possession of the court of claims or the attorney general. (b) Notwithstanding division (A)(2)(a) of this section, a judge of the court of claims,

a magistrate, a claimant, a claimant's attorney, or the attorney general may disclose

or refer to records or reports described in that division in any hearing conducted

under sections 2743.51 to 2743.72 of the Revised Code or in the judge's, magistrate's, claimant's, or attorney general's written pleadings,

findings, recommendations, and decisions. (B) If the mental, physical, or emotional condition of a victim or claimant is material

to a claim for an award of reparations, the attorney general or the court of claims

may order the victim or claimant to submit to a mental or physical examination and

may order an autopsy of a deceased victim.  The order may be made for good cause shown and upon notice to the person to be examined

and to the claimant.  The order shall specify the time, place, manner, conditions, and scope of the examination

or autopsy and the person by whom it is to be made.  In the case of a mental examination, the person specified may be a physician or

psychologist.  In the case of a physical examination, the person specified may be a physician,

a physician assistant, a clinical nurse specialist, a certified nurse practitioner,

or a certified nurse-midwife.  In the case of an autopsy, the person specified must be a physician.  The order shall require the person who performs the examination or autopsy to file

with the attorney general a detailed written report of the examination or autopsy.  The report shall set out the findings, including the results of all tests made,

diagnoses, prognoses, and other conclusions and reports of earlier examinations of

the same conditions. (C) On request of the person examined, the attorney general shall furnish the person

a copy of the report.  If the victim is deceased, the attorney general, on request, shall furnish the claimant

a copy of the report. (D) The attorney general or the court of claims may require the claimant to supplement

the application for an award of reparations with any reasonably available medical

or psychological reports relating to the injury for which the award of reparations

is claimed. (E) The attorney general or the court of claims, in a claim arising out of a violation

of any provision of sections 2907.02 to 2907.07 of the Revised Code , shall not request the victim or the claimant to supply, or permit any person to

supply, any evidence of specific instances of the victim's sexual activity, opinion

evidence of the victim's sexual activity, or reputation evidence of the victim's sexual

activity unless it involves evidence of the origin of semen, pregnancy, or disease

or evidence of the victim's past sexual activity with the offender and only to the

extent that the court of claims or the attorney general finds that the evidence is

relevant to a fact at issue in the claim.