§ 20-35-103 — Nondisclosure

(a) No research records of individual subjects in genetic research studies shall be: (1) Subject to subpoena or discovery in civil suits, except in cases in which the information in the records is the basis of the suit; or (2) Disclosed to employers or health insurers without the informed, written consent of the individual. (b) (1) All stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies, if: (A) The patient's name or Social Security number is not attached to or included with the specimen; or (B) The patient's name or Social Security number is attached to or included with the specimen and the patient has given informed written consent to the disclosure. (2) Informed written consent shall not be included in a section of the consent for treatment, admission to a hospital or clinic, or permission for an autopsy. (c) (1) It shall be permissible to publish or otherwise use the results of genetic research studies for research or educational purposes if no individual subject is identified. (2) If specific informed consent from the individual has been obtained in writing, the individual may be identified.

Legislative History

Acts 2001, No. 1251, § 3.