Ark. Code Ann. § 20-76-706: Information regarding drug testing

(a) All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the Department of Human Services as a part of the drug testing program under this subchapter shall be confidential and not subject to disclosure and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings. (b) (1) Information regarding drug test results for a test administered under this subchapter shall not be released to law enforcement officers or used in any criminal proceeding. (2) Information released contrary to subdivision (b)(1) of this section is inadmissible as evidence in a criminal proceeding. (c) This subchapter does not prohibit: (1) The department or a drug testing agency conducting the drug test from having access to an adult applicant's or adult recipient's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this subchapter or when the information is relevant to its defense in a civil or administrative matter; or (2) The reporting of child abuse, child sexual abuse, or neglect of a child. Amended by Act 2023, No. 832,§ 27, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 557, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 556, eff. 7/1/2019. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

(a) All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the Department of Human Services as a part of the drug testing program under this subchapter shall be confidential and not subject to disclosure and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings.

(b) (1) Information regarding drug test results for a test administered under this subchapter shall not be released to law enforcement officers or used in any criminal proceeding. (2) Information released contrary to subdivision (b)(1) of this section is inadmissible as evidence in a criminal proceeding.

(1) Information regarding drug test results for a test administered under this subchapter shall not be released to law enforcement officers or used in any criminal proceeding.

(2) Information released contrary to subdivision (b)(1) of this section is inadmissible as evidence in a criminal proceeding.

(c) This subchapter does not prohibit: (1) The department or a drug testing agency conducting the drug test from having access to an adult applicant's or adult recipient's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this subchapter or when the information is relevant to its defense in a civil or administrative matter; or (2) The reporting of child abuse, child sexual abuse, or neglect of a child.

(1) The department or a drug testing agency conducting the drug test from having access to an adult applicant's or adult recipient's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this subchapter or when the information is relevant to its defense in a civil or administrative matter; or

(2) The reporting of child abuse, child sexual abuse, or neglect of a child.