§ 20-27-1706 — Records - Confidentiality

(a) (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential. (2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be: (A) Subject to a subpoena; (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or (C) Admissible as evidence in any civil, administrative, or other proceeding. (3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys. (b) Any person, agency, or entity furnishing confidential information shall not be liable for releasing the confidential information if the information was furnished in good faith under this subchapter. (c) The Arkansas Child Death Review Panel may publish statistical compilations reflecting unexpected deaths of children that do not identify individual cases, physicians, hospitals, clinics, or other healthcare providers. (d) (1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel. (2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter. (e) Pursuant to the Health Insurance Portability and Accountability Act of 1996, disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on unexpected deaths of children for review by the review panel is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Legislative History

Acts 2005, No. 1818, § 1.