§ 20-46-104 - Records of Arkansas State Hospital confidential.
20-46-104. Records of Arkansas State Hospital confidential.
(a) The records, reports, statements, notes, and other information furnished to the Arkansas State Hospital and its divisions for mental research by individuals, by private, public, or governmental hospitals, and by other agencies for the purpose of mental research are not admissible as evidence in any court or in any administrative hearing or procedure. The employees or agents of the Arkansas State Hospital shall not be compelled to divulge any of the records, reports, statements, notes, or other information. All individuals, private, public, or governmental hospitals, or other agencies who furnish the records, statements, notes, or other information shall not be held liable for its reportings to the Arkansas State Hospital and its divisions.
(b) All records, reports, statements, notes, and other information which has been assembled or procured by the Arkansas State Hospital and its divisions for the purpose of research and study which name or otherwise identify any persons and any confidential records within the custody and control of the Arkansas State Hospital or its authorized agents and employees may be used only for the purpose of research and study for which assembled or procured.
(c) It is unlawful for any person to give away or otherwise to disclose to any person who is not engaged in research and study at the Arkansas State Hospital and its divisions as described in this section any of the records, reports, statements, notes, or other information which name or otherwise identify any person or any confidential records.
(d) Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) and imprisoned not more than six (6) months, or both.
(e) (1) Nothing in this section applies to or restricts the use or publicizing of statistics, data, or other materials which summarize or refer to any records, reports, statements, notes, or other information in the aggregate and which do not refer to or disclose the identity of any individual person.
(2) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.