1. (a)

   1. (1) This section applies to “personal information”, as that term is used in 34 C.F.R. § 361.38 and related regulations.

   2. (2) “Personal information” includes:

      1. (A) Photographs;
      2. (B) Lists of names;
      3. (C) Medical, psychological, and diagnostic data; and
      4. (D) Any other notes, reports, or documentation maintained by Arkansas Rehabilitation Services in a client’s record of services.
   3. (3) For purposes of this section, “client” includes both eligible individuals and applicants.

2. (b) Subject to the more specific guidelines below, Arkansas Rehabilitation Services will release or disclose confidential personal information in four (4) situations:

   1. (1) When authorized by the client, so long as such disclosure would not be harmful to the client;
   2. (2) In response to a valid subpoena, judicial or administrative order, warrant, or other demand in connection with an active law enforcement investigation, or demand by an agency authorized to investigate fraud or abuse (unless expressly prohibited by federal or state law);
   3. (3) For purposes of audit, evaluation, or research, so long as the personal information so disclosed would be used for purposes directly connected to the administration of VR services or would significantly improve the quality of life for Arkansas Rehabilitation Services clients; or
   4. (4) When necessary in order to protect the client or others if the client poses a threat to his or her safety or to the safety of others.

Codification Notes: “VR” means vocational rehabilitation.