Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas As Engrossed: H2/24/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1463
4
5 By: Representatives Hudson, L. Johnson
6 By: Senator G. Leding
7
8 For An Act To Be Entitled
9 AN ACT TO PROHIBIT DISCLOSURE OF NEUROPSYCHOLOGICAL
10 OR PSYCHOLOGICAL TEST MATERIALS OR TEST DATA; AND FOR
11 OTHER PURPOSES.
12
13
14 Subtitle
15 TO PROHIBIT DISCLOSURE OF
16 NEUROPSYCHOLOGICAL OR PSYCHOLOGICAL TEST
17 MATERIALS OR TEST DATA.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code Title 17, Chapter 97, Subchapter 1, is
22 amended to add an additional section to read as follows:
23 17-97-106. Disclosure of neuropsychological or psychological test
24 materials or test data -- Definitions.
25 (a) As used in this section:
26 (1) "Neuropsychological evaluation" means a testing method
27 through which a neuropsychologist or a psychologist can acquire data about a
28 person's cognitive, behavioral, and emotional functioning for purposes of
29 diagnosing or confirming a diagnosis of cognitive deficiencies or
30 abnormalities in the central nervous system;
31 (2) "Neuropsychological or psychological test data" means raw
32 and scaled scores, a person's responses to test questions or stimuli, a
33 neuropsychologist's or psychologist's notes and recordings concerning the
34 person's statements and behavior during a neuropsychological evaluation or
35 psychological evaluation, and the portions of neuropsychological or
36 psychological test materials that include the person's responses;
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1 (3) "Neuropsychological or psychological test materials" means
2 manuals, instruments, protocols, assessment devices, scoring keys, test
3 questions, and stimuli used in conducting a neuropsychological evaluation or
4 psychological evaluation; and
5 (4) "Psychological evaluation" means a testing method through
6 which a psychologist can acquire data about a person's cognitive and
7 emotional functioning for purposes of determining cognitive ability,
8 diagnosing a mental health condition, or confirming a mental health
9 diagnosis.
10 (b)(1) Except as provided under subdivision (b)(2) and subsection (c)
11 of this section, neuropsychological or psychological test materials shall not
12 be disclosed to anyone, including the person who is the subject of the test,
13 and are not subject to disclosure in any administrative, judicial, or
14 legislative proceeding.
15 (2) A neuropsychologist or psychologist is not prohibited from
16 offering a third party his or her testimony, expert testimony, written
17 reports, or written communications, or any combination, based on his or her
18 review of the neuropsychological or psychological test materials.
19 (c)(1) A person who is the subject of a neuropsychological evaluation
20 or psychological evaluation may have all records relating to that evaluation,
21 including neuropsychological or psychological test materials and
22 neuropsychological or psychological test data, disclosed to any
23 neuropsychologist or psychologist who is qualified to evaluate the test
24 results and who is designated by the person to evaluate the test results.
25 (2) A neuropsychologist or psychologist designated to receive
26 records under subdivision (c)(1) of this section shall not disclose the
27 neuropsychological or psychological test materials to another person.
28 (d)(1) Except as provided in subdivision (d)(3) of this section, to
29 ensure test security, a third-party observer shall not be present during the
30 administration of psychological or neuropsychological tests.
31 (2) A third-party observer includes without limitation a family
32 member, attorney, and insurance representative.
33 (3) Subdivision (d)(1) of this section does not apply if:
34 (A) The individual being tested has requested and received
35 an accommodation under the Americans with Disabilities Act of 1990, as
36 amended, 42 U.S.C. � 12101 et seq., to have an aide present;
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1 (B) The individual does not adequately speak the language
2 in which the test is formatted and requires a professional language
3 interpreter;
4 (C) The individual is a minor and the third-party
5 observer's presence is deemed necessary and appropriate by the examining
6 licensed psychologist or other licensee who is properly trained in test
7 administration and interpretation to facilitate the testing process;
8 (D) The individual is being observed by a licensed psychologist or
9 other licensee who is properly trained in test administration and
10 interpretation to facilitate the supervision of a trainee;
11 (E) The individual or the circumstances present a
12 legitimate safety concern and the third-party observer is a security guard or
13 law enforcement officer; or
14 (F)(i) The individual and the neuropsychologist or
15 psychologist consent to an unmanned, unobtrusive camera, video recording
16 device, or audio recording device that does not interfere with the
17 neuropsychological evaluation or psychological evaluation.
18 (ii) A recording made under subdivision (d)(3)(F)(i)
19 of this section may be provided to a neuropsychologist or psychologist or
20 under a protective order.
21 (4)(A) The Attorney General's office shall retain its
22 investigatory and subpoena powers under � 5-28-107, � 5-55-104, � 5-55-114, �
23 20-77-901 et seq., and � 25-16-705.
24 (B) The Arkansas State Medical Board shall retain its
25 investigatory and subpoena powers under � 17-95-304.
26 (C) The Arkansas Psychology Board shall retain its
27 investigatory powers under � 17-97-311.
28 (D) The Attorney General's office, the Arkansas State
29 Medical Board, and the Arkansas Psychology Board shall be able to access and
30 use any records obtained that would otherwise be subject to subsection (b) of
31 this section in any legal, administrative, or judicial proceeding.
32
33 /s/Hudson
34
35
36
3 02-24-2025 10:01:55 JMB199Every fact on this page links to its source, starting with the official bill record.