84R8962 LED-F

By: Turner of Collin H.B. No. 3582

A BILL TO BE ENTITLED

AN ACT

relating to a property right in certain genetic information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subtitle I, Title 2, Health and Safety Code, is amended to read as follows:

SUBTITLE I. MEDICAL RECORDS AND GENETIC INFORMATION

SECTION 2. Subtitle I, Title 2, Health and Safety Code, is amended by adding Chapter 183 to read as follows:

CHAPTER 183. PROPERTY RIGHT IN CERTAIN GENETIC INFORMATION

Sec. 183.001. DEFINITIONS. In this chapter:

(1) "DNA" means deoxyribonucleic acid.

(2) "Genetic characteristic" means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that predisposes an individual to a disease, disorder, or syndrome.

(3) "Genetic information" means information that is:

(A) obtained from or based on a scientific or medical determination of the presence or absence in an individual of a genetic characteristic; or

(B) derived from the results of a genetic test performed on an individual.

(4) "Genetic material" means blood or another biological specimen collected to conduct a genetic test.

(5) "Genetic test" means a presymptomatic laboratory test of an individual's genes, products, or chromosomes that:

(A) analyzes the individual's DNA, RNA, proteins, or chromosomes; and

(B) is performed to identify a genetic characteristic.

(6) "RNA" means ribonucleic acid.

Sec. 183.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to Subsection (b), an individual has an exclusive property right in a sample of genetic material provided by the individual and in the genetic information obtained as a result of a genetic test performed on the individual's sample. A person may not, without the informed consent of the individual or the individual's legal guardian or authorized representative:

(1) collect a sample of genetic material from an individual;

(2) perform a genetic test on an individual's sample;

(3) retain an individual's sample or the genetic information obtained as a result of a genetic test performed on the individual's sample; or

(4) disclose the genetic information obtained as a result of a genetic test performed on an individual's sample.

(b) Notwithstanding Subsection (a) and except as provided by Section 183.003, this chapter does not apply to a sample of genetic material collected for:

(1) the purpose of emergency medical treatment;

(2) law enforcement purposes, including the DNA database under Subchapter G, Chapter 411, Government Code, the identification of a perpetrator or the investigation of a crime, or identification of a missing, unidentified, or deceased person;

(3) the purpose of establishing paternity as authorized under a state or federal law; or

(4) the purpose of newborn screening, in accordance with Chapter 33.

(c) A person who has obtained the informed consent of an individual or the individual's legal guardian or authorized representative as required by Subsection (a) may:

(1) disclose the individual's genetic information as authorized by Chapter 546, Insurance Code, Chapter 21, Labor Code, or Chapter 58, Occupations Code; and

(2) retain a sample of the individual's genetic material as authorized by Chapter 546, Insurance Code, Chapter 21, Labor Code, or Chapter 58, Occupations Code.

(d) A general authorization for the release of an individual's medical records does not constitute the informed consent required by Subsection (a). An individual may revoke or amend consent given under Subsection (a) at any time.

Sec. 183.003. CONFIDENTIALITY. (a) A person who obtains genetic information for a purpose listed under Section 183.002(b) may not disclose the genetic information for any other purpose.

(b) A person who holds genetic information about an individual may not disclose or be compelled to disclose, by subpoena or otherwise, that information without the informed consent of the individual as provided by Section 183.002.

(c) This section applies to a redisclosure of genetic information by a secondary recipient of the information after disclosure of the information by an initial recipient. A person may not redisclose genetic information without the informed consent of the individual under Section 183.002.

Sec. 183.004. LIABILITY FOR VIOLATION OF CHAPTER. (a) A person who violates Section 183.002 with respect to a sample of an individual's genetic material or genetic information obtained as a result of a genetic test performed on the individual's sample is liable to the individual for:

(1) the amount of the individual's actual damages sustained as a result of the violation; and

(2) the amount of any profits that are attributable to the violation.

(b) It is a defense to a civil action for damages under this chapter that the defendant obtained the informed consent of the individual or the individual's legal guardian or authorized representative required by Section 183.002(a).

Sec. 183.005. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED. A person who receives state or federal funding may not discriminate or retaliate against an individual on the basis of the refusal of the individual to give informed consent under this chapter.

SECTION 3. Section 546.051(a), Insurance Code, is amended to read as follows:

(a) A health benefit plan issuer that requests an applicant for coverage under the plan to submit to a genetic test in connection with the application for coverage for a purpose not prohibited under Section 546.052 must:

(1) notify the applicant that the test is required;

(2) disclose to the applicant the proposed use of the test results; and

(3) obtain the applicant's [written] informed consent as provided by Chapter 183, Health and Safety Code, before the test is administered.

SECTION 4. Subchapter H, Chapter 21, Labor Code, is amended by adding Section 21.4015 to read as follows:

Sec. 21.4015. INFORMED CONSENT. An employer, labor organization, or employment agency may not obtain an individual's genetic information without the informed consent of the individual as provided by Chapter 183, Health and Safety Code.

SECTION 5. Subchapter B, Chapter 58, Occupations Code, is amended by adding Section 58.0515 to read as follows:

Sec. 58.0515. INFORMED CONSENT. A licensing authority may not obtain an individual's genetic information without the informed consent of the individual as provided by Chapter 183, Health and Safety Code.

SECTION 6. Chapter 183, Health and Safety Code, as added by this Act, applies only to a sample of genetic material collected or provided on or after the effective date of this Act and genetic information obtained as a result of a genetic test performed on that sample. A sample of genetic material collected or provided before the effective date of this Act and genetic information obtained as a result of a genetic test performed on that sample are governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2015.