§ 9-19-43 - Report of laboratory test.
SECTION 9-19-43
§ 9-19-43 Report of laboratory test.– (a) In any proceeding commenced in any court, commission, or agency, the reportof analytical personnel employed by the state department of health to determinethe presence of controlled substances in any specimen which has been subscribedand sworn to under the penalties of perjury by the person making theexamination which was the basis for the report shall be admissible as evidenceof the facts stated therein in any such proceeding. Provided, however, that ifthe report is to be offered at trial, written notice of the intention to offerthe report as evidence, together with a copy thereof, must be given to theopposing party or parties, or to his or her or their attorneys, by mailing thenotice by certified mail, return receipt requested, not less than ten (10) daysbefore the introduction of the report into evidence, and that an affidavit ofthe notice and the return receipt is filed with the clerk of the courtforthwith after the receipt has been returned. Nothing contained in thissection shall be construed to limit the right of any party to summon the personsubscribing to the statement for the purpose of cross examination with respectto the report or to rebut the contents thereof or for any other purpose, nor tolimit the right of any party to summon any other person to testify with respectto the report or for any other purpose, nor to limit the right of any party tosummon the business records of any person offering the report.
(b) Nothing contained in this section shall prohibit thecourt, in its discretion, from requiring the appearance of the person makingthe report at any proceeding.