This bill requires test materials and test data from psychological or neuropsychological testing to be kept secure to avoid compromising the validity of the testing, which could pose a risk to public safety. A patient may have access to test responses in the patient's record but must not have access to test materials and test data, which may only be released to psychologists, senior psychological examiners, or other experts who are properly trained in test administration and interpretation and have a legal and ethical obligation to protect test materials. If the information was compiled in reasonable anticipation of, or for use in, a civil, criminal, forensic, or administrative action or proceeding, then the test materials and test data may only be released to other psychologists and experts who are properly trained in test administration and interpretation, and who have a legal and ethical obligation to protect test data and test materials. This bill provides that, in order to ensure the security of test materials and test data from psychological or neuropsychological tests, during the administration of psychological or neuropsychological tests, a third-party observer must not be present, which includes a family member, attorney, or insurance representative; and video or audio recording is not permitted. However, an exception to such prohibitions may be granted when the individual being tested meets any of the following criteria:  Has a documented disability requiring an aide.  Does not adequately speak the language in which the test is formatted and requires a professional language interpreter.  Is a minor, and the observer's presence is deemed necessary and appropriate by the examining licensed psychologist or other licensee who is properly trained in test administration and interpretation to facilitate the testing process.  Is being observed by a licensed psychologist or other licensee who is properly trained in test administration and interpretation to facilitate the supervision of a trainee.

Statutes affected:
Amended with SA0167 -- 03/28/2019: 67-6-410(a)(3)(C), 67-6-410, 67-6-410(h)(5), 67-6-410(a)(3)(B), 67-6-410(e)