Chapter 0250 - 541R - H Ver of SB1297

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

Section 1. Section 12-2802, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2802. Confidentiality of genetic testing results; disclosure

A. Except as otherwise provided in this article, genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested and shall be released only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or to:

1. The person tested.

2. Any person who is specifically authorized in writing by the person tested or by that person's health care decision maker to receive this information.

3. The health care decision maker of the person tested.

4. A researcher for medical research or public health purposes only if the research is conducted pursuant to applicable federal or state laws and regulations governing clinical and biological research or if the identity of the individual providing the sample is not disclosed to the person collecting and conducting the research.

5. A third person if approved by a human subjects review committee or a human ethics committee, with respect to persons who are subject to an Arizona cancer registry.

6. An authorized agent or employee of a health care provider if all of the following are true:

(a) The health care provider performs the test or is authorized to obtain the test results by the person tested for the purposes of genetic counseling or treatment.

(b) The agent or employee provides patient care, treatment or counseling.

(c) The agent or employee needs to know the information in order to conduct the test or provide patient care, treatment or counseling.

6. A health care provider who is providing care to the person tested and an agent or employee of the health care provider.

7. A health care provider that procures, processes, distributes or uses:

(a) A human body part from a deceased person with respect to medical information regarding that person.

(b) Semen or ova for the purpose of artificial insemination.

8. A health care provider to conduct utilization review, peer review and quality assurance pursuant to section 36‑441, 36‑445, 36‑2402 or 36‑2917.

9. The authorized agent of a federal, state or county health department to conduct activities specifically authorized pursuant to the laws of this state for the birth defects registry, children's rehabilitative services, newborn screening and sickle cell diagnosis and treatment programs and chronic, environmentally provoked and infectious disease programs.

10. To obtain legal advice, the legal representative of a health care provider or clinical laboratory that is in possession of the medical record.

11. A health care provider that assumes the responsibility to provide care for, or consultation to, the patient from another health care provider that had access to the patient's genetic records.

B. A pathologist who is licensed pursuant to title 32, chapter 13 or 17 may order and perform genetic testing for a patient and receive the results of that testing.

B. C. A person shall not disclose or be compelled to disclose the identity of any person on whom a genetic test is performed or the results of a genetic test in a manner that allows identification of the person tested except to the persons specified in the circumstances set forth in subsection A of this section.

C. D. If genetic testing information is subpoenaed, a health care provider shall respond pursuant to section 12‑2294.01, subsection E. In determining whether to order production of the genetic testing information, the court shall take all steps necessary to prevent the disclosure or dissemination of that information.

D. E. Except as provided in this section, chapter 13, article 7.1 of this title does not apply to genetic testing information that is contained within a patient's medical record.

E. F. Following the death of a person who had genetic testing performed, the release of the testing information is governed by section 12‑2294, subsection D, except that the person may deny, release or limit release of the genetic testing results by adopting a provision in a testamentary document.

F. G. Except as specifically provided in this article, a person to whom test results have been disclosed pursuant to this article, other than the person tested, shall not disclose the test results to any other person.

G. H. A health care provider and the provider's agents and employees that act in good faith and that comply with this article are not subject to civil liability. The good faith of a health care provider that complies with this article is presumed. The presumption may be rebutted by a preponderance of the evidence.

H. I. This article does not limit the effect of title 20 provisions governing the confidentiality and use of genetic testing information. END_STATUTE

Sec. 2. 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 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 prescribed by the director. Except as authorized in section 12‑2802, the results of a genetic test performed are privileged and confidential and may not be released to any party without the express consent of the subject of the test or the person authorized pursuant to law to consent for that person.

B. 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