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This page was created to relay to licensees and the public items that are being discussed frequently. 

*Act 505 Independent Practice for Masters Level has moved to a new page - click here

*Release of Records

Avoiding an Arkansas Law Violation Regarding Release of Records & Test Data
                Originally published in the Fall 2004 Newsletter, Volume 15, Issue 1

Avoiding an Arkansas Law Violation Regarding Release of Records & Test Data
    James M. Ammel, M.S., J.D., APB’s Ethics Investigator

APB’s Ethics/Complaint Screening Committee all too frequently encounters, as part of a filed complaint, a response by a practitioner that essentially admits a technical violation of an Arkansas statute pertaining to release of records that are requested by a complainant involved in a legal proceeding.  The usual scenario is that the complainant reports that the examining or treating licensee has refused to release test results, interview notes, raw test scores, or progress notes, that had been requested by the complainant and/or his/her attorney.  When confronted with that allegation of failure to fulfill a records or examination data request, many Respondents will readily admit to that refusal depicting the refusal as standard practice/procedure being based on cited reliance on a commonly-referenced, but illegitimate, “rule-of-thumb” that has existed for decades amongst practitioners.  That unwritten guideline pronounces that professionals should only release their examination data or records to another “qualified” licensee or similar professional and never directly to the subject of the record or to an untrained representative such as a lawyer or parent.  Repeatedly, the Board has been having to advise these well-meaning but misinformed practitioners that they are wrong to rely on that erroneous “rule” and are, in fact, violating Arkansas Code Annotated § 16-46-106 (Access to Medical Records).  You should read this entire statute carefully and routinely apply its provisions to clients’, or their authorized representatives’, requests for their own records.  Failure to comply with this statute could result in licensure-related sanctions.  Note, also, that the provisions of this statute do not conflict with related Standards in the applicable APA’s Ethical Principles of Psychologists and Code of Conduct (effective 8/17/03 as adopted by APB), including such Standards as 3.09 (Cooperation With Other Professionals), 4.01 (Maintaining Confidentiality), 4.05 (Disclosures), 9.04 (Release of Test Data), and 9.11 (Maintaining Test Security).  Familiarity and compliance with the federal HIPAA’s Privacy Rule is also advised, although the foregoing Arkansas statute does not seemingly conflict with HIPAA’s intent and provisions. Ψ

You can read the Access to Medical Records Act at here. 

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Arkansas Psychology Board 
101 East Capitol, Suite 415
Little Rock, AR  72201
Telephone: (501) 682-6167
Fax: (501) 682-6165

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