2020 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 12 - Crime Reporting and Investigations
Subchapter 17 - Adult and Long-Term Care Facility Resident Maltreatment Act
§ 12-12-1717. Availability of founded reports of adult or long-term care facility resident maltreatment

(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services shall be confidential and shall be made available only to:

1. (1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated;

2. (2) A person authorized to place the adult in protective custody if the person:

   1. (A) Has before him or her an adult the person reasonably believes may have been maltreated; and

   2. (B) Requires the information to determine whether to place the adult in protective custody;

3. (3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person;

4. (4) Any person who is the subject of a report or that person's legal guardian;

5. (5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court;

6. (6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator;

7. (7)

   1. (A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer upon submission of a signed, notarized release from the employee, applicant, or volunteer.

   2. (B) The only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender;

8. (8) The department, including the Death Review Committee of the Department of Human Services;

9. (9) The current administrator of the long-term care facility, if the incident occurred in a long-term care facility;

10. (10) The administrator of the long-term care facility that currently employs the offender, if different from the long-term care facility in which the incident occurred;

11. (11) A person or provider identified by the department as having services needed by the maltreated person;

12. (12) Any applicable licensing or registering authority;

13. (13) Any employer, legal entity, or board responsible for the person named as the offender;

14. (14) Any legal entity or board responsible for the maltreated person;

15. (15) A state or federal agency pursuing an official criminal records check; and

16. (16) The Office of Medicaid Inspector General.

(b)

1. (1) Under no circumstances may the information contained in the registry be released to a person unless the person's capacity is confirmed by the department.

2. (2) Except for the subject of the report, no person or agency to whom disclosure is made may disclose to any other person or agency a report or other information obtained under this section.

(c)

1. (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General.

2. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed:

   1. (A) To prevent execution of a crime; or

   2. (B) For prosecution of a crime.

(d) However, information contained in the registry may be made available to bona fide and approved research groups solely for the purpose of scientific research, but in no event shall the name of a person be released, nor shall specific circumstances or facts related to a specific person be used in any research report that might be identifiable with the person.

(e) A person who knowingly permits or encourages the release of data or information contained in the registry to a person not permitted by this subchapter to receive the data or information upon conviction is guilty of a Class A misdemeanor.

(f)

1. (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department:

   1. (A) Are confidential;

   2. (B) Shall be sealed; and

   3. (C) Shall not be redisclosed without a protective order.

2. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence.

3. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.