Ark. Admin. Code 016.04.4-28

Client Confidentiality

Arkansas provides regulatory rather than statutory protection to substance abuse treatment records. All substance abuse treatment records are confidential and privileged to the patient and may only be disclosed according to the regulation.

Disclosure With Consent

A patient may consent to disclosure in writing according to the requirements in Part 2, with one additional requirement—a consent form must contain “(t)he program's ability to condition treatment, payment, enrollment or eligibility of benefits on the client agreeing to sign the consent, by stating either that the program may not condition these services on the client signing the consent, or the consequences for the client refusing to sign the consent.”

Disclosure Without Consent

Consistent with Part 2, substance abuse treatment information may be disclosed in a medical emergency. The regulation requires the client to be notified of the disclosure as soon as possible. In contrast to Part 2, the regulation does not permit disclosure for research or audit purposes.

Disclosure Pursuant to Court Order

The regulation does not address disclosure of substance abuse treatment information pursuant to court order.