HB1386 Summary

• Creates the Substance Abuse Reporting Act under Arkansas Code Title 17, Chapter 80, requiring chief executive officers of licensed healthcare facilities and entities employing healthcare professionals to report to appropriate licensing authorities within 7 days when final disciplinary action is taken against a healthcare professional for diversion, misuse, or abuse of illicit drugs or controlled substances.

• Requires reporting of voluntary resignations of healthcare professionals when disciplinary action for substance abuse is pending, and mandates reporting to the Drug Enforcement Administration's Office of Diversion Control if a licensing authority determines a criminal act involving diversion of controlled substances to third parties may have occurred.

• Applies to facilities licensed by the Division of Health Facilities Services, the Office of Long Term Care, and any other entity that employs or contracts with healthcare professionals to provide healthcare services in Arkansas.

• Exempts information protected by federal confidentiality regulations (42 U.S.C. § 290dd-2), privileged communications, and information maintained during the course of providing healthcare services to the professional.

• Provides civil immunity to required reporters and their agents or employees for filing reports required under this section and grants immunity from liability for the contents of such reports.