HB1463
To Prohibit Disclosure Of Neuropsychological Or Psychological Test Materials Or Test Data.
AI-Generated Summary
This bill, House Bill 1463, aims to prohibit the disclosure of neuropsychological and psychological test materials and data in Arkansas. It defines "neuropsychological evaluation," "psychological evaluation," "neuropsychological or psychological test data," and "neuropsychological or psychological test materials." Generally, these materials and data cannot be disclosed to anyone, including the subject of the test, nor can they be used in administrative, judicial, or legislative proceedings. However, psychologists can still offer testimony or written reports based on their review of these materials. Individuals tested may have their evaluation records disclosed to another qualified psychologist designated to evaluate the results, but that designated psychologist cannot further disclose the materials. The bill also restricts third-party observers from being present during testing, with specific exceptions for accommodations, language interpretation, minors, supervision of trainees, safety concerns, and consent for unobtrusive recording. Investigatory and subpoena powers of the Attorney General and relevant boards are preserved, and they can access otherwise protected records for proceedings.
Potential Impact Analysis
Who Might Benefit?
['Individuals undergoing neuropsychological or psychological evaluations would benefit from increased privacy and security of their test materials and data. This could lead to more candid responses during testing. Licensed neuropsychologists and psychologists would benefit from clearer guidelines on test material handling and disclosure, potentially protecting the integrity and security of their assessment tools. The bill also provides for specific exceptions that could benefit individuals requiring accommodations or assistance during testing.']
Who Might Suffer?
["Third parties, such as attorneys, insurance representatives, or family members, who might have previously accessed or requested neuropsychological or psychological test materials or data would be negatively impacted by the restrictions on disclosure. In legal or administrative proceedings, the ability to obtain and present these specific test materials and raw data as evidence would be significantly limited, potentially affecting discovery processes or the presentation of certain types of evidence. The general public's ability to access information related to psychological testing through open records requests might also be curtailed."]