By: Moncrief, et al. S.B. No. 538
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a prohibition of discrimination in the determination of
1-2 eligibility for employment, occupational licenses, and insurance
1-3 coverage based on certain genetic information and to limitations on
1-4 the use of that information.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subdivision (2), Section 21.401, Labor Code, is
1-7 amended to read as follows:
1-8 (2) "Genetic information" means information about
1-9 genes, gene products, or inherited characteristics that may derive
1-10 from an individual or a family member [derived from the results of
1-11 a genetic test].
1-12 SECTION 2. Subsection (c), Section 21.403, Labor Code, is
1-13 amended to read as follows:
1-14 (c) Subject to Subchapter G, Chapter 411, Government Code,
1-15 genetic information relating to an individual may be disclosed
1-16 without the authorization required under Subsection (b) if the
1-17 disclosure is:
1-18 (1) authorized under a state or federal criminal law
1-19 relating to:
1-20 (A) the identification of individuals; or
1-21 (B) a criminal or juvenile proceeding, an
1-22 inquest, or a child fatality review by a multidisciplinary
1-23 child-abuse team;
1-24 (2) required under a specific order of a state or
2-1 federal court;
2-2 (3) authorized under a state or federal law to
2-3 establish paternity;
2-4 (4) made to furnish genetic information relating to a
2-5 decedent to the blood relatives of the decedent for the purpose of
2-6 medical diagnosis; [or]
2-7 (5) made to identify a decedent; or
2-8 (6) made to a physician who refers the individual for
2-9 a genetic test.
2-10 SECTION 3. Section 21.404, Labor Code, is amended to read as
2-11 follows:
2-12 Sec. 21.404. RIGHT TO KNOW TEST RESULTS. An individual who
2-13 submits to a genetic test has the right to know or to refuse to
2-14 know the results of that test. If [On the written request of] the
2-15 individual elects to know the results, the physician who requested
2-16 [entity that performed] the test shall disclose the test results to
2-17 the individual or to another [a] physician designated by the
2-18 individual. If the individual elects not to know the results, the
2-19 physician who requested the performance of the test may not
2-20 disclose the test results to the individual.
2-21 SECTION 4. Section 21.405, Labor Code, is amended to read as
2-22 follows:
2-23 Sec. 21.405. RETENTION OF SAMPLE. A sample of genetic
2-24 material taken for a genetic test from an individual shall be
2-25 destroyed promptly after the purpose for which the sample was
2-26 obtained is accomplished unless:
3-1 (1) the sample is retained under a court order;
3-2 (2) the individual tested authorizes retention of the
3-3 sample for purposes of medical treatment, DNA banking, or
3-4 scientific research;
3-5 (3) for a sample obtained for research that is cleared
3-6 by an institutional review board, the sample is retained under the
3-7 requirements that the institutional review board imposes on a
3-8 specific research project or as authorized by the research
3-9 participant with institutional review board approval under federal
3-10 law; [or]
3-11 (4) the sample was obtained for a screening test
3-12 established by the Texas Department of Health and performed by that
3-13 department or by a laboratory approved by that department under
3-14 Section 33.011, Health and Safety Code; or
3-15 (5) retention of the sample is required by an
3-16 organization that:
3-17 (A) certifies laboratories that perform genetic
3-18 tests; and
3-19 (B) is recognized by the Texas Department of
3-20 Health.
3-21 SECTION 5. Subdivision (2), Section 1, Article 21.73,
3-22 Insurance Code, is amended to read as follows:
3-23 (2) "Genetic information" means information about
3-24 genes, gene products, or inherited characteristics that may derive
3-25 from an individual or family member derived from the results of a
3-26 genetic test.
4-1 SECTION 6. Subsection (c), Section 4, Article 21.73,
4-2 Insurance Code, is amended to read as follows:
4-3 (c) Subject to Subchapter G, Chapter 411, Government Code,
4-4 genetic information relating to an individual may be disclosed
4-5 without the authorization required under Subsection (b) of this
4-6 section if the disclosure is:
4-7 (1) authorized under a state or federal criminal law
4-8 relating to:
4-9 (A) the identification of individuals; or
4-10 (B) a criminal or juvenile proceeding, an
4-11 inquest, or a child fatality review by a multidisciplinary
4-12 child-abuse team;
4-13 (2) required under a specific order of a state or
4-14 federal court;
4-15 (3) authorized under a state or federal law to
4-16 establish paternity;
4-17 (4) made to furnish genetic information relating to a
4-18 decedent to the blood relatives of the decedent for the purpose of
4-19 medical diagnosis; [or]
4-20 (5) made to identify a decedent; or
4-21 (6) made to the physician who refers the individual
4-22 for the genetic test.
4-23 SECTION 7. Section 5, Article 21.73, Insurance Code, is
4-24 amended to read as follows:
4-25 Sec. 5. RIGHT TO KNOW TEST RESULTS. An individual who
4-26 submits to a genetic test has the right to know or to refuse to
5-1 know the results of that test. If [On the written request of] the
5-2 individual elects to know the results, the physician who requested
5-3 [group health benefit plan issuer or other entity that performed]
5-4 the test shall disclose the test results to the individual or to
5-5 another [a] physician designated by the individual. If the
5-6 individual elects not to know the results, the physician who
5-7 requested the performance of the test may not disclose the results
5-8 to the individual. The right to information under this section is
5-9 in addition to any right or requirement established under Section 3
5-10 of this article.
5-11 SECTION 8. Section 6, Article 21.73, Insurance Code, is
5-12 amended to read as follows:
5-13 Sec. 6. RETENTION OF SAMPLE. A sample of genetic material
5-14 taken for a genetic test from an individual shall be destroyed
5-15 promptly after the purpose for which the sample was obtained is
5-16 accomplished unless:
5-17 (1) the sample is retained under a court order;
5-18 (2) the individual tested authorizes retention of the
5-19 sample for purposes of medical treatment, DNA banking, or
5-20 scientific research;
5-21 (3) for a sample obtained for research that is cleared
5-22 by an institutional review board, the sample is retained under the
5-23 requirements that the institutional review board imposes on a
5-24 specific research project or as authorized by the research
5-25 participant with institutional review board approval under federal
5-26 law; [or]
6-1 (4) the sample was obtained for a screening test
6-2 established by the Texas Department of Health and performed by that
6-3 department or by a laboratory approved by that department under
6-4 Section 33.011, Health and Safety Code; or
6-5 (5) retention of the sample is required by an
6-6 organization that:
6-7 (A) certifies laboratories that perform genetic
6-8 tests; and
6-9 (B) is recognized by the Texas Department of
6-10 Health.
6-11 SECTION 9. Article 9031, Revised Statutes, as added by
6-12 Section 2, Chapter 1215, Acts of the 75th Legislature, Regular
6-13 Session, 1997, is renumbered as Article 9032, Revised Statutes, and
6-14 amended to read as follows:
6-15 Art. 9032 [9031]. PROHIBITED USE OF GENETIC INFORMATION
6-16 Sec. 1. DEFINITIONS. In this article:
6-17 (1) "DNA" means deoxyribonucleic acid.
6-18 (2) "Genetic information" means information about
6-19 genes, gene products, or inherited characteristics that may derive
6-20 from an individual or a family member [derived from the results of
6-21 a genetic test].
6-22 (3) "Genetic test" means a laboratory test of an
6-23 individual's DNA, RNA, proteins, or chromosomes to identify by
6-24 analysis of the DNA, RNA, proteins, or chromosomes the genetic
6-25 mutations or alterations in the DNA, RNA, proteins, or chromosomes
6-26 that are associated with a predisposition for a clinically
7-1 recognized disease or disorder. The term does not include:
7-2 (A) a routine physical examination or a routine
7-3 test performed as a part of a physical examination;
7-4 (B) a chemical, blood, or urine analysis;
7-5 (C) a test to determine drug use; or
7-6 (D) a test for the presence of the human
7-7 immunodeficiency virus.
7-8 (4) "Licensing authority" means a state agency or
7-9 political subdivision that issues an occupational license.
7-10 (5) "Occupational license" means a license,
7-11 certificate, registration, permit, or other form of authorization
7-12 required by law or rule that must be obtained by an individual to
7-13 engage in a particular business or occupation.
7-14 (6) "Political subdivision" means a municipality,
7-15 county, or special district or authority. The term includes a
7-16 school district.
7-17 (7) "RNA" means ribonucleic acid.
7-18 (8) "State agency" means a department, board, bureau,
7-19 commission, committee, division, office, council, or agency in the
7-20 executive or judicial branch of state government.
7-21 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing
7-22 authority may not deny an application for an occupational license,
7-23 suspend, revoke, or refuse to renew an occupational license, or
7-24 take any other disciplinary action against a license holder based
7-25 on the refusal of the license applicant or license holder to:
7-26 (1) submit to a genetic test; or
8-1 (2) reveal:
8-2 (A) whether the applicant or holder has
8-3 submitted to a genetic test; or
8-4 (B) the results of any genetic test to which the
8-5 applicant or holder has submitted.
8-6 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
8-7 as provided by Subsections (c) and (d) of this section, genetic
8-8 information is confidential and privileged regardless of the source
8-9 of the information. A person or entity that holds that information
8-10 may not disclose or be compelled to disclose, by subpoena or
8-11 otherwise, genetic information about an individual unless the
8-12 disclosure is specifically authorized by the individual as provided
8-13 by Subsection (b) of this section. This subsection applies to a
8-14 redisclosure of genetic information by a secondary recipient of the
8-15 information after disclosure of the information by an initial
8-16 recipient.
8-17 (b) An individual or the legal representative of an
8-18 individual may authorize the disclosure of genetic information
8-19 relating to that individual through a written authorization that
8-20 includes:
8-21 (1) a description of the information to be disclosed;
8-22 (2) the name of the person or entity to whom the
8-23 disclosure is made; and
8-24 (3) the purpose for the disclosure.
8-25 (c) Subject to Subchapter G, Chapter 411, Government Code,
8-26 genetic information relating to an individual may be disclosed
9-1 without the authorization required under Subsection (b) of this
9-2 section if the disclosure is:
9-3 (1) authorized under a state or federal criminal law
9-4 relating to:
9-5 (A) the identification of individuals; or
9-6 (B) a criminal or juvenile proceeding, an
9-7 inquest, or a child fatality review by a multidisciplinary
9-8 child-abuse team;
9-9 (2) required under a specific order of a state or
9-10 federal court;
9-11 (3) authorized under a state or federal law to
9-12 establish paternity;
9-13 (4) made to furnish genetic information relating to a
9-14 decedent to the blood relatives of the decedent for the purpose of
9-15 medical diagnosis; [or]
9-16 (5) made to identify a decedent; or
9-17 (6) made to the physician who refers the individual
9-18 for the genetic test.
9-19 (d) In addition to the exceptions under Subsection (c),
9-20 genetic information relating to an individual may be disclosed
9-21 without the authorization required under Subsection (b) if:
9-22 (1) the disclosure is for information from a research
9-23 study in which the procedure for obtaining informed written consent
9-24 and use of the information is governed by national standards for
9-25 protecting participants involved in research projects, including
9-26 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
10-1 (2) the information does not identify a particular
10-2 individual; and
10-3 (3) the information is provided to the Texas
10-4 Department of Health to comply with Chapter 87, Health and Safety
10-5 Code.
10-6 Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who
10-7 submits to a genetic test has the right to know or to refuse to
10-8 know the results of that test. If [On the written request of] the
10-9 individual elects to know the results, the physician who requested
10-10 [entity that performed] the test shall disclose the test results to
10-11 the individual or to another [a] physician designated by the
10-12 individual. If the individual elects not to know the test
10-13 results, the physician who requested the performance of the genetic
10-14 test may not disclose the results to the individual.
10-15 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material
10-16 taken for a genetic test from an individual shall be destroyed
10-17 promptly after the purpose for which the sample was obtained is
10-18 accomplished unless:
10-19 (1) the sample is retained under a court order;
10-20 (2) the individual tested authorizes retention of the
10-21 sample for purposes of medical treatment, DNA banking, or
10-22 scientific research;
10-23 (3) for a sample obtained for research that is cleared
10-24 by an institutional review board, the sample is retained under the
10-25 requirements that the institutional review board imposes on a
10-26 specific research project or as authorized by the research
11-1 participant with institutional review board approval under federal
11-2 law; [or]
11-3 (4) the sample was obtained for a screening test
11-4 established by the Texas Department of Health and performed by that
11-5 department or by a laboratory approved by that department under
11-6 Section 33.011, Health and Safety Code; or
11-7 (5) retention of the sample is required by an
11-8 organization that:
11-9 (A) certifies laboratories that perform genetic
11-10 tests; and
11-11 (B) is recognized by the Texas Department of
11-12 Health.
11-13 SECTION 10. This Act takes effect September 1, 1999.
11-14 SECTION 11. Article 21.73, Insurance Code, as amended by
11-15 this Act, applies only to an insurance policy or evidence of
11-16 coverage that is delivered, issued for delivery, or renewed on or
11-17 after January 1, 2000. A policy or evidence of coverage that is
11-18 delivered, issued for delivery, or renewed before January 1, 2000,
11-19 is governed by the law as it existed immediately before the
11-20 effective date of this Act, and that law is continued in effect for
11-21 that purpose.
11-22 SECTION 12. The importance of this legislation and the
11-23 crowded condition of the calendars in both houses create an
11-24 emergency and an imperative public necessity that the
11-25 constitutional rule requiring bills to be read on three several
11-26 days in each house be suspended, and this rule is hereby suspended.