REFERENCE TITLE: genetic testing; informed consent

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HB 2144

 

Introduced by

Representatives Coleman, Townsend: Bowers, Brophy McGee, Carter, Olson, Pratt, Shope

 

 

AN ACT

 

Amending section 20‑448.02, Arizona Revised Statutes; relating to genetic testing.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 20-448.02, Arizona Revised Statutes, is amended to read:

START_STATUTE20-448.02.  Genetic testing; informed consent; definitions

A.  Except as otherwise specifically authorized or required by this state or by federal law, a person shall not order or require the performance of or perform a genetic test without first receiving the specific written informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized pursuant to law to consent for that person.  Written consent shall be in a form as prescribed by the director.  The results of a genetic test performed pursuant to this subsection are privileged and confidential and may not be released to any party without the expressed express consent of the subject of the test or the person authorized pursuant to law to consent for that person.

B.  As used in For the purposes of this section:

1.  "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

2.  "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder. END_STATUTE