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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 75(R)

HOUSE BILL 39

HOUSE AUTHOR: McCall et al.

EFFECTIVE: 9-1-97

SENATE SPONSOR: Zaffirini

            House Bill 39 prohibits the discriminatory use of genetic information by an employer, a labor organization, an employment agency, a licensing authority, or a group health benefit plan issuer and prohibits a group health benefit plan issuer from requiring in utero genetic testing of a child or compelling a woman to have an induced abortion based on genetic information. The act establishes the right to know test results for a person undergoing genetic testing, as well as confidentiality of genetic information. Disclosure of genetic information is permitted without the authorization of the person tested only by court order for criminal proceedings, to establish paternity, for medical diagnosis of blood relatives, to identify a decedent, or for research or actuarial studies that do not identify particular individuals. Samples of genetic material may only be retained under court order or for specified research-related circumstances. The act establishes an administrative penalty for violations by group health plan issuers.