§ 20-36-103 - Duties. - Arkansas Statutes

20-36-103. Duties.

(a) (1) The Division of Health of the Department of Health and Human Services shall adopt rules for the implementation of the biological agent registry program as follows:

(A) Determining and listing the biological agents required to be reported under this section;

(B) Designating persons required to make reports and specific information required to be reported, including time limits for reporting, form of reports, and to whom reports shall be submitted;

(C) Providing for the release of information in the registry to state and federal law enforcement agencies and the United States Centers for Disease Control and Prevention under a communicable disease investigation commenced or conducted by the division or other state or federal law enforcement agencies having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents;

(D) Establishing a system of safeguards that requires persons possessing and maintaining biological agents subject to this section to comply with the same federal standards that apply to persons registered to possess the same agents under federal law; and

(E) Establishing a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.

(2) The rules shall designate appropriate authorities for receipt of alerts from these persons.

(b) Any person that possesses and maintains any biological agent required to be reported under this section shall report to the division the information required for inclusion in the biological agent registry.

(c) (1) Except as otherwise provided in this section, information prepared for or maintained in the registry under this section shall be confidential and shall not be a public record under the Freedom of Information Act of 1967, 25-19-101 et seq.

(2) The division may release information contained in the registry for the purpose of conducting or aiding in a communicable disease investigation.

(3) The division shall cooperate with and may share information contained in the registry with the United States Centers for Disease Control and Prevention and state and federal law enforcement agencies in any investigation involving the release, theft, or loss of a biological agent required to be reported under this section.

(4) Release of information from the registry as authorized under this subsection shall not render the information released a public record under the Freedom of Information Act of 1967, 25-19-101 et seq.

(5) Release of information from the registry as authorized under this subsection also shall not render the information prepared for or maintained in the registry a public record under the Freedom of Information Act of 1967, 25-19-101 et seq.