Read the full stored bill text
Senate
File
2129
-
Introduced
SENATE
FILE
2129
BY
ALONS
A
BILL
FOR
An
Act
relating
to
the
disclosure
of
psychological
test
data.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2129
Section
1.
Section
228.1,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
10A.
“Test
data”
means
the
same
as
3
described
in
the
most
recent
version
of
the
ethical
principles
4
of
psychologists
and
code
of
conduct
standard
as
published
by
5
the
American
psychological
association.
6
NEW
SUBSECTION
.
10B.
“Test
materials”
means
the
same
as
7
described
in
the
most
recent
version
of
the
ethical
principles
8
of
psychologists
and
code
of
conduct
standard
as
published
by
9
the
American
psychological
association.
10
Sec.
2.
Section
228.9,
Code
2026,
is
amended
to
read
as
11
follows:
12
228.9
Disclosure
of
psychological
test
material.
13
1.
Except
as
otherwise
provided
in
this
section
,
a
person
14
in
possession
of
psychological
test
material
materials
shall
15
not
disclose
the
material
test
materials
to
any
other
person,
16
including
the
individual
who
is
a
subject
of
the
test.
In
17
addition,
the
test
material
18
2.
Test
materials
shall
not
be
disclosed
in
any
19
administrative,
judicial,
or
legislative
proceeding.
However,
20
upon
21
3.
a.
Notwithstanding
subsections
1
and
2,
upon
the
request
22
of
an
individual
who
is
the
subject
of
a
psychological
test,
23
all
records
associated
with
a
that
psychological
test
of
that
24
individual
shall
be
disclosed
to
a
psychologist
licensed
25
pursuant
to
chapter
154B
and
designated
by
the
individual.
26
b.
An
individual’s
request
for
the
records
associated
with
27
a
psychological
test
of
that
individual
shall
be
in
writing
and
28
shall
comply
with
the
requirements
of
section
228.3
,
relating
29
to
voluntary
disclosures
of
mental
health
information
,
except
30
that
the
individual
shall
not
have
the
right
to
inspect
the
31
test
materials.
32
4.
a.
This
section
shall
not
apply
to
test
data.
33
b.
If
test
data
contains
test
materials
used
to
generate
34
the
test
data,
the
test
data
may
be
disclosed
provided
that
the
35
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2129
test
materials
are
redacted
prior
to
disclosure
of
the
test
1
data.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
disclosure
of
psychological
test
6
data
(test
data).
7
The
bill
defines
“test
data”
the
same
as
described
in
the
8
most
recent
version
of
the
ethical
principles
of
psychologists
9
and
code
of
conduct
standard
as
published
by
the
American
10
psychological
association
(APA
code
of
conduct).
The
APA
code
11
of
conduct
describes
“test
data”
as
raw
and
scaled
scores,
12
client/patient
responses
to
test
questions
or
stimuli,
and
13
psychologists’
notes
and
recordings
concerning
client/patient
14
statements
and
behavior
during
examination.
Those
portions
15
of
test
materials
that
include
client/patient
responses
are
16
included
in
the
definition
of
test
data.
17
The
bill
defines
“test
materials”
the
same
as
described
18
in
the
most
recent
version
of
the
APA
code
of
conduct.
The
19
APA
code
of
conduct
describes
“test
materials”
as
manuals,
20
instruments,
protocols,
and
test
questions
or
stimuli,
and
does
21
not
include
test
data.
22
Current
law
prohibits
the
disclosure
of
test
materials
23
except
to
a
licensed
psychologist
upon
request
of
the
24
individual
who
is
the
subject
of
the
test
materials.
The
bill
25
distinguishes
test
data
from
test
materials
and
permits
the
26
disclosure
of
test
data
generated
as
a
result
of
psychological
27
testing.
If
the
test
data
contains
test
materials,
the
test
28
data
may
be
disclosed
provided
that
all
test
materials
are
29
redacted
prior
to
disclosure
of
the
test
data.
30
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