Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1463 3
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By: Representatives Hudson, L. Johnson 5
By: Senator G. Leding 6
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT DISCLOSURE OF NEUROPSYCHOLOGICAL 9
OR PSYCHOLOGICAL TEST MATERIALS OR TEST DATA; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO PROHIBIT DISCLOSURE OF 15
NEUROPSYCHOLOGICAL OR PSYCHOLOGICAL TEST 16
MATERIALS OR TEST DATA. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 17, Chapter 97, Subchapter 1, is 21
amended to add an additional section to read as follows: 22
17-97-106. Disclosure of neuropsychological or psychological test 23
materials or test data — Definitions. 24
(a) As used in this section: 25
(1) "Neuropsychological evaluation" means a testing method 26
through which a neuropsychologist or a psychologist can acquire data about a 27
person's cognitive, behavioral, and emotional functioning for purposes of 28
diagnosing or confirming a diagnosis of cognitive deficiencies or 29
abnormalities in the central nervous system; 30
(2) "Neuropsychological or psychological test data" means raw 31
and scaled scores, a person's responses to test questions or stimuli, a 32
neuropsychologist's or psychologist's notes and recordings concerning the 33
person's statements and behavior during a neuropsychological evaluation or 34
psychological evaluation, and the portions of neuropsychological or 35
psychological test materials that include the person's responses; 36 HB1463
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(3) "Neuropsychological or psychological test materials" means 1
manuals, instruments, protocols, assessment devices, scoring keys, test 2
questions, and stimuli used in conducting a neuropsychological evaluation or 3
psychological evaluation; and 4
(4) "Psychological evaluation" means a testing method through 5
which a psychologist can acquire data about a person's cognitive and 6
emotional functioning for purposes of determining cognitive ability, 7
diagnosing a mental health condition, or confirming a mental health 8
diagnosis. 9
(b) Except as provided under subsection (c) of this section, 10
neuropsychological or psychological test materials and neuropsychological or 11
psychological test data shall not be disclosed to anyone, including the 12
person who is the subject of the test, and are not subject to disclosure in 13
any administrative, judicial, or legislative proceeding. 14
(c)(1) A person who is the subject of a neuropsychological evaluation 15
or psychological evaluation may have all records relating to that evaluation, 16
including neuropsychological or psychological test materials and 17
neuropsychological or psychological test data, disclosed to any 18
neuropsychologist or psychologist who is qualified to evaluate the test 19
results and who is designated by the person to evaluate the test results. 20
(2) A neuropsychologist or psychologist designated to receive 21
records under subdivision (c)(1) of this section shall not disclose the 22
neuropsychological or psychological test materials and neuropsychological or 23
psychological test data to another person. 24
(d)(1) Except as provided in subdivision (d)(3) of this section, to 25
ensure test security, a third -party observer shall not be present during the 26
administration of psychological or neuropsychological tests. 27
(2) A third-party observer includes without limitation a family 28
member, attorney, insurance representative, video recording device, and audio 29
recording device. 30
(3) Subdivision (d)(1) of this section does not apply if: 31
(A) The individual being tested has requested and received 32
an accommodation under the Americans with Disabilities Act of 1990, as 33
amended, 42 U.S.C. § 12101 et seq., to have an aide present; 34
(B) The individual does not adequately speak the language 35
in which the test is formatted and requires a professional language 36 HB1463
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interpreter; 1
(C) The individual is a minor and the third -party 2
observer’s presence is deemed necessary and appropriate by the examining 3
licensed psychologist or other licensee who is properly trained in test 4
administration and interpretation to facilitate the testing process; or 5
(D) The individual is being observed by a licensed 6
psychologist or other licensee who is properly trained in test administration 7
and interpretation to facilitate the supervision of a trainee. 8
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