OCCUPATIONS CODE
TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING
CHAPTER 58. USE OF GENETIC INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 58.001. DEFINITIONS. In this chapter:
(1) 'DNA' means deoxyribonucleic acid.
(2) 'Family health history' means a history taken by a
physician or genetic professional to ascertain genetic or medical
information about an individual's family.
(3) 'Genetic characteristic' means a scientifically or
medically identifiable genetic or chromosomal variation,
composition, or alteration that:
(A) is scientifically or medically believed to:
(i) predispose an individual to a disease,
disorder, or syndrome; or
(ii) be associated with a statistically
significant increased risk of developing a disease, disorder, or
syndrome; and
(B) may or may not be associated with any symptom
of an ongoing disease, disorder, or syndrome affecting an
individual on the date the genetic information is obtained
regarding the individual.
(4) '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, or a family health history obtained from, an
individual.
(5) 'Genetic test' means a presymptomatic laboratory
test of an individual's genes, gene products, or chromosomes that:
(A) analyzes the individual's DNA, RNA,
proteins, or chromosomes; and
(B) is performed to identify any genetic
variation, composition, or alteration that is associated with the
individual's having a statistically increased risk of:
(i) developing a clinically recognized
disease, disorder, or syndrome; or
(ii) being a carrier of a clinically
recognized disease, disorder, or syndrome.
The term does not include a blood test, cholesterol test,
urine test, or other physical test used for a purpose other than
determining a genetic or chromosomal variation, composition, or
alteration in a specific individual.
(6) 'Licensing authority' means a state agency or
political subdivision that issues an occupational license.
(7) '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.
(8) 'Political subdivision' means a municipality,
county, or special district or authority. The term includes a
school district.
(9) 'RNA' means ribonucleic acid.
(10) 'State agency' means a department, board, bureau,
commission, committee, division, office, council, or agency in the
executive or judicial branch of state government.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
SUBCHAPTER B. USE AND RETENTION OF GENETIC INFORMATION
§ 58.051. CERTAIN USES OF GENETIC INFORMATION
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;
(2) submit a family health history;
(3) disclose whether the applicant or holder has
submitted to a genetic test; or
(4) disclose the results of any genetic test to which
the applicant or holder has submitted.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
§ 58.052. DESTRUCTION OF SAMPLE MATERIAL;
EXCEPTIONS. A sample of genetic material obtained from an
individual for a genetic test 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 authorizes retention of the sample
for medical treatment or scientific research;
(3) the sample was obtained for research that is
cleared by an institutional review board and retention of the
sample is:
(A) under a requirement the institutional review
board imposes on a specific research project; or
(B) 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 under Section 33.011,
Health and Safety Code, and performed by that department or a
laboratory approved by that department.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
SUBCHAPTER C. DISCLOSURE OF GENETIC INFORMATION; CONFIDENTIALITY;
EXCEPTIONS
§ 58.101. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL
TESTED. An individual who submits to a genetic test has the right
to know the results of the test. On written request by the
individual, the entity that performed the test shall disclose the
test results to:
(1) the individual; or
(2) a physician designated by the individual.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
§ 58.102. CONFIDENTIALITY OF GENETIC INFORMATION. (a)
Except as provided by Section 58.103, genetic information is
confidential and privileged regardless of the source of the
information.
(b) A person who holds genetic information about an
individual may not disclose or be compelled to disclose, by
subpoena or otherwise, that information unless the disclosure is
specifically authorized as provided by Section 58.104.
(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.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
§ 58.103. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject
to Subchapter G, Chapter 411, Government Code, genetic information
may be disclosed without an authorization under Section 58.104 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) for the purpose of establishing paternity as
authorized under a state or federal law;
(4) made to provide genetic information relating to a
decedent and the disclosure is made to the blood relatives of the
decedent for medical diagnosis; or
(5) made to identify a decedent.
(b) Genetic information may be disclosed without an
authorization under Section 58.104 if:
(1) the disclosure is for information from a research
study in which the procedure for obtaining informed written consent
and the 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 specific
individual; and
(3) the information is provided to the Texas
Department of Health to comply with Chapter 87, Health and Safety
Code.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
§ 58.104. AUTHORIZED DISCLOSURE. An individual or the
legal representative of an individual may authorize disclosure of
genetic information relating to the individual by a written
authorization that includes:
(1) a description of the information to be disclosed;
(2) the name of the person to whom the disclosure is
made; and
(3) the purpose for the disclosure.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.001(a), eff. Sept.
1, 2003.
