Amend SB 538 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 21.401(2), Labor Code, is amended to read
as follows:
(2) "Genetic information" means information about
genes, gene products, or inherited characteristics that may derive
from an individual or a family member <derived from the results of
a genetic test>.
SECTION 2. Section 21.403(c), Labor Code, is amended to read
as follows:
(c) Subject to Subchapter G, Chapter 411, Government Code,
genetic information relating to an individual may be disclosed
without the authorization required under Subsection (b) if the
disclosure is:
(1) authorized under a state or federal criminal law
relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child-abuse team;
(2) required under a specific order of a state or
federal court;
(3) authorized under a state or federal law to
establish paternity;
(4) made to furnish genetic information relating to a
decedent to the blood relatives of the decedent for the purpose of
medical diagnosis; <or>
(5) made to identify a decedent; or
(6) made to a physician who refers the individual for
a genetic test.
SECTION 3. Section 21.404, Labor Code, is amended to read as
follows:
Sec. 21.404. RIGHT TO KNOW TEST RESULTS. An individual who
submits to a genetic test has the right to know or to refuse to
know the results of that test. If the individual elects to know
the results <On the written request of the individual>, the
physician who requested <entity that performed> the test shall
disclose the test results to the individual or to another <a>
physician designated by the individual. If the individual elects
not to know the results, the physician who requested the
performance of the test may not disclose the test results to the
individual.
SECTION 4. Section 21.405, Labor Code, is amended to read as
follows:
Sec. 21.405. RETENTION OF SAMPLE. A sample of genetic
material taken for a genetic test from an individual shall be
destroyed promptly after the purpose for which the sample was
obtained is accomplished unless:
(1) the sample is retained under a court order;
(2) the individual tested authorizes retention of the
sample for purposes of medical treatment, DNA banking, or
scientific research;
(3) for a sample obtained for research that is cleared
by an institutional review board, the sample is retained under the
requirements that the institutional review board imposes on a
specific research project or as authorized by the research
participant with institutional review board approval under federal
law; <or>
(4) the sample was obtained for a screening test
established by the Texas Department of Health and performed by that
department or by a laboratory approved by that department under
Section 33.011, Health and Safety Code; or
(5) retention of the sample is required by an
organization that:
(A) certifies laboratories that perform genetic
tests; and
(B) is recognized by the Texas Department of
Health.
SECTION 5. Section 1(2), Article 21.73, Insurance Code, is
amended to read as follows:
(2) "Genetic information" means information about
genes, gene products, or inherited characteristics that may derive
from an individual or family member derived from the results of a
genetic test.
SECTION 6. Section 4(c), Article 21.73, Insurance Code, is
amended to read as follows:
(c) Subject to Subchapter G, Chapter 411, Government Code,
genetic information relating to an individual may be disclosed
without the authorization required under Subsection (b) of this
section if the disclosure is:
(1) authorized under a state or federal criminal law
relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child-abuse team;
(2) required under a specific order of a state or
federal court;
(3) authorized under a state or federal law to
establish paternity;
(4) made to furnish genetic information relating to a
decedent to the blood relatives of the decedent for the purpose of
medical diagnosis; <or>
(5) made to identify a decedent; or
(6) made to the physician who refers the individual
for the genetic test.
SECTION 7. Section 5, Article 21.73, Insurance Code, is
amended to read as follows:
Sec. 5. RIGHT TO KNOW TEST RESULTS. An individual who
submits to a genetic test has the right to know or to refuse to
know the results of that test. If the individual elects to know
the results <On the written request of the individual>, the
physician who requested <group health benefit plan issuer or other
entity that performed> the test shall disclose the test results to
the individual or to another <a> physician designated by the
individual. If the individual elects not to know the results, the
physician who requested the performance of the test may not
disclose the results to the individual. The right to information
under this section is in addition to any right or requirement
established under Section 3 of this article.
SECTION 8. Section 6, Article 21.73, Insurance Code, is
amended to read as follows:
Sec. 6. RETENTION OF SAMPLE. A sample of genetic material
taken for a genetic test from an individual shall be destroyed
promptly after the purpose for which the sample was obtained is
accomplished unless:
(1) the sample is retained under a court order;
(2) the individual tested authorizes retention of the
sample for purposes of medical treatment, DNA banking, or
scientific research;
(3) for a sample obtained for research that is cleared
by an institutional review board, the sample is retained under the
requirements that the institutional review board imposes on a
specific research project or as authorized by the research
participant with institutional review board approval under federal
law; <or>
(4) the sample was obtained for a screening test
established by the Texas Department of Health and performed by that
department or by a laboratory approved by that department under
Section 33.011, Health and Safety Code; or
(5) retention of the sample is required by an
organization that:
(A) certifies laboratories that perform genetic
tests; and
(B) is recognized by the Texas Department of
Health.
SECTION 9. Article 9031, Revised Statutes, as added by
Section 2, Chapter 1215, Acts of the 75th Legislature, Regular
Session, 1997, is renumbered as Article 9032, Revised Statutes, and
amended to read as follows:
Art. 9032 <9031>. PROHIBITED USE OF GENETIC INFORMATION
Sec. 1. DEFINITIONS. In this article:
(1) "DNA" means deoxyribonucleic acid.
(2) "Genetic information" means information about
genes, gene products, or inherited characteristics that may derive
from an individual or a family member <derived from the results of
a genetic test>.
(3) "Genetic test" means a laboratory test of an
individual's DNA, RNA, proteins, or chromosomes to identify by
analysis of the DNA, RNA, proteins, or chromosomes the genetic
mutations or alterations in the DNA, RNA, proteins, or chromosomes
that are associated with a predisposition for a clinically
recognized disease or disorder. The term does not include:
(A) a routine physical examination or a routine
test performed as a part of a physical examination;
(B) a chemical, blood, or urine analysis;
(C) a test to determine drug use; or
(D) a test for the presence of the human
immunodeficiency virus.
(4) "Licensing authority" means a state agency or
political subdivision that issues an occupational license.
(5) "Occupational license" means a license,
certificate, registration, permit, or other form of authorization
required by law or rule that must be obtained by an individual to
engage in a particular business or occupation.
(6) "Political subdivision" means a municipality,
county, or special district or authority. The term includes a
school district.
(7) "RNA" means ribonucleic acid.
(8) "State agency" means a department, board, bureau,
commission, committee, division, office, council, or agency in the
executive or judicial branch of state government.
Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing
authority may not deny an application for an occupational license,
suspend, revoke, or refuse to renew an occupational license, or
take any other disciplinary action against a license holder based
on the refusal of the license applicant or license holder to:
(1) submit to a genetic test; or
(2) reveal:
(A) whether the applicant or holder has
submitted to a genetic test; or
(B) the results of any genetic test to which the
applicant or holder has submitted.
Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except as
provided by Subsections (c) and (d) of this section, genetic
information is confidential and privileged regardless of the source
of the information. A person or entity that holds that information
may not disclose or be compelled to disclose, by subpoena or
otherwise, genetic information about an individual unless the
disclosure is specifically authorized by the individual as provided
by Subsection (b) of this section. This subsection applies to a
redisclosure of genetic information by a secondary recipient of the
information after disclosure of the information by an initial
recipient.
(b) An individual or the legal representative of an
individual may authorize the disclosure of genetic information
relating to that individual through a written authorization that
includes:
(1) a description of the information to be disclosed;
(2) the name of the person or entity to whom the
disclosure is made; and
(3) the purpose for the disclosure.
(c) Subject to Subchapter G, Chapter 411, Government Code,
genetic information relating to an individual may be disclosed
without the authorization required under Subsection (b) of this
section if the disclosure is:
(1) authorized under a state or federal criminal law
relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child-abuse team;
(2) required under a specific order of a state or
federal court;
(3) authorized under a state or federal law to
establish paternity;
(4) made to furnish genetic information relating to a
decedent to the blood relatives of the decedent for the purpose of
medical diagnosis; <or>
(5) made to identify a decedent; or
(6) made to the physician who refers the individual
for the genetic test.
(d) In addition to the exceptions under Subsection (c),
genetic information relating to an individual may be disclosed
without the authorization required under Subsection (b) if:
(1) the disclosure is for information from a research
study in which the procedure for obtaining informed written consent
and use of the information is governed by national standards for
protecting participants involved in research projects, including
guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
(2) the information does not identify a particular
individual; and
(3) the information is provided to the Texas
Department of Health to comply with Chapter 87, Health and Safety
Code.
Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who
submits to a genetic test has the right to know or to refuse to
know the results of that test. If the individual elects to know
the results <On the written request of the individual>, the
physician who requested <entity that performed> the test shall
disclose the test results to the individual or to another <a>
physician designated by the individual. If the individual elects
not to know the test results, the physician who requested the
performance of the genetic test may not disclose the results to the
individual.
Sec. 5. RETENTION OF SAMPLE. A sample of genetic material
taken for a genetic test from an individual shall be destroyed
promptly after the purpose for which the sample was obtained is
accomplished unless:
(1) the sample is retained under a court order;
(2) the individual tested authorizes retention of the
sample for purposes of medical treatment, DNA banking, or
scientific research;
(3) for a sample obtained for research that is cleared
by an institutional review board, the sample is retained under the
requirements that the institutional review board imposes on a
specific research project or as authorized by the research
participant with institutional review board approval under federal
law; <or>
(4) the sample was obtained for a screening test
established by the Texas Department of Health and performed by that
department or by a laboratory approved by that department under
Section 33.011, Health and Safety Code; or
(5) retention of the sample is required by an
organization that:
(A) certifies laboratories that perform genetic
tests; and
(B) is recognized by the Texas Department of
Health.
SECTION 10. This Act takes effect September 1, 1999.
SECTION 11. Article 21.73, Insurance Code, as amended by
this Act, applies only to an insurance policy or evidence of
coverage that is delivered, issued for delivery, or renewed on or
after January 1, 2000. A policy or evidence of coverage that is
delivered, issued for delivery, or renewed before January 1, 2000,
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 12. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.