By Moncrief S.B. No. 60
77R976 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of discrimination in the determination of
1-3 eligibility for employment, occupational licenses, and insurance
1-4 coverage based on certain genetic information and to limitations on
1-5 the use of that information.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 21.401, Labor Code, is amended to read as
1-8 follows:
1-9 Sec. 21.401. DEFINITIONS. In this subchapter:
1-10 (1) "DNA" means deoxyribonucleic acid.
1-11 (2) "Genetic family history" means a history taken by
1-12 a physician or a genetic professional to ascertain genetic
1-13 information about a patient or a patient's family.
1-14 (3) "Genetic information" means information derived
1-15 from the results of a genetic test, genetic family history, genetic
1-16 physical examination, or a radiologic finding diagnostic of a
1-17 genetic condition listed in:
1-18 (A) the latest edition of McKusick's "Mendelian
1-19 Inheritance in Man"; or
1-20 (B) another analogous comprehensive scientific
1-21 study on genetics recognized by the American College of Medical
1-22 Genetics or its successor organization and by the Texas Department
1-23 of Health.
1-24 (4) "Genetic physical examination" means a physical
2-1 examination performed by a physician or a genetic professional to
2-2 obtain physical information about a patient's genetic condition.
2-3 (5) [(3)] "Genetic test" means a laboratory test of an
2-4 individual's DNA, RNA, proteins, or chromosomes to identify by
2-5 analysis of the DNA, RNA, proteins, or chromosomes the genetic
2-6 mutations or alterations in the DNA, RNA, proteins, or chromosomes
2-7 that are associated with a predisposition for a clinically
2-8 recognized disease or disorder. The term does not include:
2-9 (A) a routine physical examination or a routine
2-10 test performed as a part of a physical examination;
2-11 (B) a chemical, blood, or urine analysis;
2-12 (C) a test to determine drug use; or
2-13 (D) a test for the presence of the human
2-14 immunodeficiency virus.
2-15 (6) [(4)] "RNA" means ribonucleic acid.
2-16 SECTION 2. Section 21.402, Labor Code, is amended to read as
2-17 follows:
2-18 Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION
2-19 PROHIBITED. (a) An employer commits an unlawful employment
2-20 practice if the employer fails or refuses to hire, discharges, or
2-21 otherwise discriminates against an individual with respect to
2-22 compensation or the terms, conditions, or privileges of employment:
2-23 (1) on the basis of genetic information concerning the
2-24 individual; or
2-25 (2) because of the refusal of the individual to submit
2-26 to a genetic physical examination or genetic test or provide a
2-27 genetic family history.
3-1 (b) A labor organization commits an unlawful employment
3-2 practice if the labor organization excludes or expels from
3-3 membership or otherwise discriminates against an individual:
3-4 (1) on the basis of genetic information concerning the
3-5 individual; or
3-6 (2) because of the refusal of the individual to submit
3-7 to a genetic physical examination or genetic test or provide a
3-8 genetic family history.
3-9 (c) An employment agency commits an unlawful employment
3-10 practice if the employment agency classifies or refers for
3-11 employment, fails or refuses to refer for employment, or otherwise
3-12 discriminates against an individual:
3-13 (1) on the basis of genetic information concerning the
3-14 individual; or
3-15 (2) because of the refusal of the individual to submit
3-16 to a genetic physical examination or genetic test or provide a
3-17 genetic family history.
3-18 (d) An employer, labor organization, or employment agency
3-19 commits an unlawful employment practice if the employer, labor
3-20 organization, or employment agency limits, segregates, or
3-21 classifies an employee, member, or applicant for employment or
3-22 membership in a way that would deprive or tend to deprive the
3-23 employee, member, or applicant of employment opportunities or
3-24 otherwise adversely affect the status of the employee, member, or
3-25 applicant:
3-26 (1) on the basis of genetic information concerning the
3-27 employee, member, or applicant; or
4-1 (2) because of the refusal of the employee, member, or
4-2 applicant to submit to a genetic physical examination or genetic
4-3 test or provide a genetic family history.
4-4 SECTION 3. Section 21.403(c), Labor Code, is amended to read
4-5 as follows:
4-6 (c) Subject to Subchapter G, Chapter 411, Government Code,
4-7 genetic information relating to an individual may be disclosed
4-8 without the authorization required under Subsection (b) if the
4-9 disclosure is:
4-10 (1) authorized under a state or federal criminal law
4-11 relating to:
4-12 (A) the identification of individuals; or
4-13 (B) a criminal or juvenile proceeding, an
4-14 inquest, or a child fatality review by a multidisciplinary
4-15 child-abuse team;
4-16 (2) required under a specific order of a state or
4-17 federal court;
4-18 (3) authorized under a state or federal law to
4-19 establish paternity;
4-20 (4) made to furnish genetic information relating to a
4-21 decedent to the blood relatives of the decedent for the purpose of
4-22 medical diagnosis; [or]
4-23 (5) made to identify a decedent; or
4-24 (6) made to a physician who refers the individual for
4-25 a genetic physical examination or a genetic test.
4-26 SECTION 4. Section 21.404, Labor Code, is amended to read as
4-27 follows:
5-1 Sec. 21.404. RIGHT TO KNOW [TEST] RESULTS. An individual
5-2 who submits to a genetic physical examination or genetic test has
5-3 the right to know or to refuse to know the results of that
5-4 examination or test. If the individual elects to know the results
5-5 [On the written request of the individual], the physician who
5-6 requested [entity that performed] the examination or test shall
5-7 disclose the [test] results to the individual or to another [a]
5-8 physician designated by the individual. If the individual elects
5-9 not to know the results, the physician who requested the
5-10 performance of the examination or test may not disclose the results
5-11 to the individual.
5-12 SECTION 5. Section 21.405, Labor Code, is amended to read as
5-13 follows:
5-14 Sec. 21.405. RETENTION OF SAMPLE. A sample of genetic
5-15 material taken for a genetic test from an individual shall be
5-16 destroyed promptly after the purpose for which the sample was
5-17 obtained is accomplished unless:
5-18 (1) the sample is retained under a court order;
5-19 (2) the individual tested authorizes retention of the
5-20 sample for purposes of medical treatment, DNA banking, or
5-21 scientific research;
5-22 (3) for a sample obtained for research that is cleared
5-23 by an institutional review board, the sample is retained under the
5-24 requirements that the institutional review board imposes on a
5-25 specific research project or as authorized by the research
5-26 participant with institutional review board approval under federal
5-27 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 6. Section 1, Article 21.73, Insurance Code, is
6-12 amended to read as follows:
6-13 Sec. 1. DEFINITIONS. In this article:
6-14 (1) "DNA" means deoxyribonucleic acid.
6-15 (2) "Genetic family history" means a history taken by
6-16 a physician or a genetic professional to ascertain genetic
6-17 information about a patient or a patient's family.
6-18 (3) "Genetic information" means information derived
6-19 from the results of a genetic test, genetic family history, genetic
6-20 physical examination, or a radiologic finding diagnostic of a
6-21 genetic condition listed in:
6-22 (A) the latest edition of McKusick's "Mendelian
6-23 Inheritance in Man"; or
6-24 (B) another analogous comprehensive scientific
6-25 study on genetics recognized by the American College of Medical
6-26 Genetics or its successor organization and by the Texas Department
6-27 of Health.
7-1 (4) "Genetic physical examination" means a physical
7-2 examination performed by a physician or a genetic professional to
7-3 obtain physical information about a patient's genetic condition.
7-4 (5) [(3)] "Genetic test" means a laboratory test of an
7-5 individual's DNA, RNA, proteins, or chromosomes to identify by
7-6 analysis of the DNA, RNA, proteins, or chromosomes the genetic
7-7 mutations or alterations in the DNA, RNA, proteins, or chromosomes
7-8 that are associated with a predisposition for a clinically
7-9 recognized disease or disorder. The term does not include:
7-10 (A) a routine physical examination or a routine
7-11 test performed as a part of a physical examination;
7-12 (B) a chemical, blood, or urine analysis;
7-13 (C) a test to determine drug use; or
7-14 (D) a test for the presence of the human
7-15 immunodeficiency virus.
7-16 (6) [(4)] "Group health benefit plan" means a plan
7-17 described by Section 2 of this article.
7-18 (7) [(5)] "RNA" means ribonucleic acid.
7-19 SECTION 7. Sections 3(b), (d), and (e), Article 21.73,
7-20 Insurance Code, are amended to read as follows:
7-21 (b) If a group health benefit plan issuer requests that an
7-22 applicant for coverage under the plan submit to a genetic physical
7-23 examination or genetic test or provide a genetic family history in
7-24 connection with the application for coverage for a purpose other
7-25 than a purpose prohibited under Subsection (a) of this section,
7-26 the issuer must:
7-27 (1) notify the applicant that the examination,
8-1 history, or test is required;
8-2 (2) disclose to the applicant the proposed use of the
8-3 [test] results; and
8-4 (3) obtain the applicant's prior written informed
8-5 consent [for the test before the administration of the test].
8-6 (d) A group health benefit plan issuer may not use the
8-7 results of a genetic family history, genetic physical examination,
8-8 or genetic test conducted in accordance with Subsection (b) of this
8-9 section as an inducement for the purchase of coverage under the
8-10 plan.
8-11 (e) A group health benefit plan issuer may not use the
8-12 refusal of an applicant to submit to a genetic physical examination
8-13 or genetic test or provide a genetic family history to reject,
8-14 deny, limit, cancel, refuse to renew, increase the premiums for, or
8-15 otherwise adversely affect eligibility for or coverage under the
8-16 group health benefit plan.
8-17 SECTION 8. Section 4(c), Article 21.73, Insurance Code, is
8-18 amended to read as follows:
8-19 (c) Subject to Subchapter G, Chapter 411, Government Code,
8-20 genetic information relating to an individual may be disclosed
8-21 without the authorization required under Subsection (b) of this
8-22 section if the disclosure is:
8-23 (1) authorized under a state or federal criminal law
8-24 relating to:
8-25 (A) the identification of individuals; or
8-26 (B) a criminal or juvenile proceeding, an
8-27 inquest, or a child fatality review by a multidisciplinary
9-1 child-abuse team;
9-2 (2) required under a specific order of a state or
9-3 federal court;
9-4 (3) authorized under a state or federal law to
9-5 establish paternity;
9-6 (4) made to furnish genetic information relating to a
9-7 decedent to the blood relatives of the decedent for the purpose of
9-8 medical diagnosis; [or]
9-9 (5) made to identify a decedent; or
9-10 (6) made to the physician who refers the individual
9-11 for the genetic test.
9-12 SECTION 9. Section 5, Article 21.73, Insurance Code, is
9-13 amended to read as follows:
9-14 Sec. 5. RIGHT TO KNOW [TEST] RESULTS. An individual who
9-15 submits to a genetic physical examination or genetic test has the
9-16 right to know or to refuse to know the results of that examination
9-17 or test. If the individual elects to know the results [On the
9-18 written request of the individual], the physician who requested
9-19 [group health benefit plan issuer or other entity that performed]
9-20 the examination or test shall disclose the [test] results to the
9-21 individual or to another [a] physician designated by the
9-22 individual. If the individual elects not to know the results, the
9-23 physician who requested the performance of the examination or test
9-24 may not disclose the results to the individual. The right to
9-25 information under this section is in addition to any right or
9-26 requirement established under Section 3 of this article.
9-27 SECTION 10. Section 6, Article 21.73, Insurance Code, is
10-1 amended to read as follows:
10-2 Sec. 6. RETENTION OF SAMPLE. A sample of genetic material
10-3 taken for a genetic test from an individual shall be destroyed
10-4 promptly after the purpose for which the sample was obtained is
10-5 accomplished unless:
10-6 (1) the sample is retained under a court order;
10-7 (2) the individual tested authorizes retention of the
10-8 sample for purposes of medical treatment, DNA banking, or
10-9 scientific research;
10-10 (3) for a sample obtained for research that is cleared
10-11 by an institutional review board, the sample is retained under the
10-12 requirements that the institutional review board imposes on a
10-13 specific research project or as authorized by the research
10-14 participant with institutional review board approval under federal
10-15 law; [or]
10-16 (4) the sample was obtained for a screening test
10-17 established by the Texas Department of Health and performed by that
10-18 department or by a laboratory approved by that department under
10-19 Section 33.011, Health and Safety Code; or
10-20 (5) retention of the sample is required by an
10-21 organization that:
10-22 (A) certifies laboratories that perform genetic
10-23 tests; and
10-24 (B) is recognized by the Texas Department of
10-25 Health.
10-26 SECTION 11. Article 9031, Revised Statutes, as added by
10-27 Section 2, Chapter 1215, Acts of the 75th Legislature, Regular
11-1 Session, 1997, is renumbered as Article 9032, Revised Statutes, and
11-2 amended to read as follows:
11-3 Art. 9032 [9031]. PROHIBITED USE OF GENETIC INFORMATION
11-4 Sec. 1. DEFINITIONS. In this article:
11-5 (1) "DNA" means deoxyribonucleic acid.
11-6 (2) "Genetic family history" means a history taken by
11-7 a physician or a genetic professional to ascertain genetic
11-8 information about a patient or a patient's family.
11-9 (3) "Genetic information" means information derived
11-10 from the results of a genetic test, genetic family history, genetic
11-11 physical examination, or a radiologic finding diagnostic of a
11-12 genetic condition listed in:
11-13 (A) the latest edition of McKusick's "Mendelian
11-14 Inheritance in Man"; or
11-15 (B) another analogous comprehensive scientific
11-16 study on genetics recognized by the American College of Medical
11-17 Genetics or its successor organization and by the Texas Department
11-18 of Health.
11-19 (4) "Genetic physical examination" means a physical
11-20 examination performed by a physician or a genetic professional to
11-21 obtain physical information about a patient's genetic condition.
11-22 (5) [(3)] "Genetic test" means a laboratory test of an
11-23 individual's DNA, RNA, proteins, or chromosomes to identify by
11-24 analysis of the DNA, RNA, proteins, or chromosomes the genetic
11-25 mutations or alterations in the DNA, RNA, proteins, or chromosomes
11-26 that are associated with a predisposition for a clinically
11-27 recognized disease or disorder. The term does not include:
12-1 (A) a routine physical examination or a routine
12-2 test performed as a part of a physical examination;
12-3 (B) a chemical, blood, or urine analysis;
12-4 (C) a test to determine drug use; or
12-5 (D) a test for the presence of the human
12-6 immunodeficiency virus.
12-7 (6) [(4)] "Licensing authority" means a state agency
12-8 or political subdivision that issues an occupational license.
12-9 (7) [(5)] "Occupational license" means a license,
12-10 certificate, registration, permit, or other form of authorization
12-11 required by law or rule that must be obtained by an individual to
12-12 engage in a particular business or occupation.
12-13 (8) [(6)] "Political subdivision" means a
12-14 municipality, county, or special district or authority. The term
12-15 includes a school district.
12-16 (9) [(7)] "RNA" means ribonucleic acid.
12-17 (10) [(8)] "State agency" means a department, board,
12-18 bureau, commission, committee, division, office, council, or agency
12-19 in the executive or judicial branch of state government.
12-20 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing
12-21 authority may not deny an application for an occupational license,
12-22 suspend, revoke, or refuse to renew an occupational license, or
12-23 take any other disciplinary action against a license holder based
12-24 on the refusal of the license applicant or license holder to:
12-25 (1) submit to a genetic physical examination or
12-26 genetic test or provide a genetic family history; or
12-27 (2) reveal:
13-1 (A) whether the applicant or holder has
13-2 submitted to a genetic physical examination or genetic test or
13-3 provided a genetic family history; or
13-4 (B) the results of any genetic physical
13-5 examination or genetic test to which the applicant or holder has
13-6 submitted.
13-7 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
13-8 as provided by Subsections (c) and (d) of this section, genetic
13-9 information is confidential and privileged regardless of the source
13-10 of the information. A person or entity that holds that information
13-11 may not disclose or be compelled to disclose, by subpoena or
13-12 otherwise, genetic information about an individual unless the
13-13 disclosure is specifically authorized by the individual as provided
13-14 by Subsection (b) of this section. This subsection applies to a
13-15 redisclosure of genetic information by a secondary recipient of the
13-16 information after disclosure of the information by an initial
13-17 recipient.
13-18 (b) An individual or the legal representative of an
13-19 individual may authorize the disclosure of genetic information
13-20 relating to that individual through a written authorization that
13-21 includes:
13-22 (1) a description of the information to be disclosed;
13-23 (2) the name of the person or entity to whom the
13-24 disclosure is made; and
13-25 (3) the purpose for the disclosure.
13-26 (c) Subject to Subchapter G, Chapter 411, Government Code,
13-27 genetic information relating to an individual may be disclosed
14-1 without the authorization required under Subsection (b) of this
14-2 section if the disclosure is:
14-3 (1) authorized under a state or federal criminal law
14-4 relating to:
14-5 (A) the identification of individuals; or
14-6 (B) a criminal or juvenile proceeding, an
14-7 inquest, or a child fatality review by a multidisciplinary
14-8 child-abuse team;
14-9 (2) required under a specific order of a state or
14-10 federal court;
14-11 (3) authorized under a state or federal law to
14-12 establish paternity;
14-13 (4) made to furnish genetic information relating to a
14-14 decedent to the blood relatives of the decedent for the purpose of
14-15 medical diagnosis; [or]
14-16 (5) made to identify a decedent; or
14-17 (6) made to the physician who refers the individual
14-18 for the genetic physical examination or genetic test.
14-19 (d) In addition to the exceptions under Subsection (c),
14-20 genetic information relating to an individual may be disclosed
14-21 without the authorization required under Subsection (b) if:
14-22 (1) the disclosure is for information from a research
14-23 study in which the procedure for obtaining informed written consent
14-24 and use of the information is governed by national standards for
14-25 protecting participants involved in research projects, including
14-26 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
14-27 (2) the information does not identify a particular
15-1 individual; and
15-2 (3) the information is provided to the Texas
15-3 Department of Health to comply with Chapter 87, Health and Safety
15-4 Code.
15-5 Sec. 4. RIGHT TO KNOW [TEST] RESULTS. An individual who
15-6 submits to a genetic physical examination or genetic test has the
15-7 right to know or to refuse to know the results of that examination
15-8 or test. If the individual elects to know the results [On the
15-9 written request of the individual], the physician who requested
15-10 [entity that performed] the examination or test shall disclose the
15-11 [test] results to the individual or to another [a] physician
15-12 designated by the individual. If the individual elects not to know
15-13 the results, the physician who requested the performance of the
15-14 genetic physical examination or genetic test may not disclose the
15-15 results to the individual.
15-16 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material
15-17 taken for a genetic test from an individual shall be destroyed
15-18 promptly after the purpose for which the sample was obtained is
15-19 accomplished unless:
15-20 (1) the sample is retained under a court order;
15-21 (2) the individual tested authorizes retention of the
15-22 sample for purposes of medical treatment, DNA banking, or
15-23 scientific research;
15-24 (3) for a sample obtained for research that is cleared
15-25 by an institutional review board, the sample is retained under the
15-26 requirements that the institutional review board imposes on a
15-27 specific research project or as authorized by the research
16-1 participant with institutional review board approval under federal
16-2 law; [or]
16-3 (4) the sample was obtained for a screening test
16-4 established by the Texas Department of Health and performed by that
16-5 department or by a laboratory approved by that department under
16-6 Section 33.011, Health and Safety Code; or
16-7 (5) retention of the sample is required by an
16-8 organization that:
16-9 (A) certifies laboratories that perform genetic
16-10 tests; and
16-11 (B) is recognized by the Texas Department of
16-12 Health.
16-13 SECTION 12. This Act takes effect September 1, 2001.
16-14 SECTION 13. Article 21.73, Insurance Code, as amended by
16-15 this Act, applies only to an insurance policy or evidence of
16-16 coverage that is delivered, issued for delivery, or renewed on or
16-17 after January 1, 2002. A policy or evidence of coverage that is
16-18 delivered, issued for delivery, or renewed before January 1, 2002,
16-19 is governed by the law as it existed immediately before the
16-20 effective date of this Act, and that law is continued in effect for
16-21 that purpose.