State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB1297: genetic testing information; confidentiality; exceptions

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Caucus & COW

                                Health & Human Services: DP 9-0-0-0

 

Overview

Requires that genetic testing and its results are confidential and can only be released as authorized by federal or state law. Allows a licensed pathologist to order, perform and receive the results of genetic testing for a patient.

 

History

Genetic testing is defined as a test of a person's genes, genetic sequence, gene products or chromosomes for abnormalities and deficiencies, including carrier status, that 1) are linked to physical or mental disorders or impairments; 2) indicate a susceptibility to any illness, disease, impairment or other disorder, whether physical or mental; 3) demonstrate genetic or chromosomal damage due to any environmental factor (A.R.S. § 12-2801).

Genetic testing, and information derived from it, are confidential and shall only be released to the person tested and other entities as outlined, including an authorized agent or employee of the healthcare provider that ordered the test provided that the healthcare provider has been authorized by the tested person to obtain the test results. The agent or employee must need the information to provide patient care, treatment or counseling (A.R.S. § 12-2802).

 

Provisions

1.       Excludes from the definition of genetic testing direct to consumer tests that are performed in a person's home, are not ordered by a licensed health care provider and are not used for diagnostic purposes. (Sec. 1)

2.       Specifies that genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested and must be released only as authorized by state and federal law, including the Health Insurance Portability and Accountability Act (HIPAA) privacy standards (45 CFR Part 160 and 164, Subpart E) or as outlined. (Sec. 2)

3.       Clarifies that a health care provider who is providing care to the person tested and an agent or employee of the health care provider may receive the genetic test and information derived from genetic testing. (Sec. 2)

4.       Permits a legal representative of a clinical laboratory that is in possession of the medical record to receive the genetic test and information derived from the genetic test when the laboratory is obtaining legal advice.

5.       Allows a licensed pathologist to order and perform genetic testing for a patient and receive the results of that testing. (Sec. 2)

6.       Makes technical and conforming changes. (Sec. 1-3)

 

 

 

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Fifty-fourth Legislature                               SB 1297

First Regular Session                    Version 2: Caucus & COW

 

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