HBA-NLM S.B. 538 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 538 By: Moncrief Economic Development 5/11/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law prohibits the use of genetic information for employment, issuance of occupational licenses, and health insurance eligibility. The current law limits the definition of genetic information to a genetic predisposition to a disease or disorder discovered through testing. S.B. 538 redefines "genetic information" to mean information about genes, gene products, or inherited characteristics that may derive from an individual or a family member. In addition, S.B. 538 provides that an individual who submits to a genetic test has the right to know or to refuse to know the results of that test, and prohibits the physician who requested the performance of the test from disclosing the results to the individual, if the individual elects not to know the results. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.401, Labor Code, to redefine "genetic information." SECTION 2. Amends Section 21.403(c), Labor Code, to authorize genetic information to be disclosed without the required authorization, if the disclosure is made to a physician who refers the individual for a genetic test. Makes a nonsubstantive change. SECTION 3. Amends Section 21.404, Labor Code, as follows: Sec. 21.404. RIGHT TO KNOW TEST RESULTS. Provides that an individual who submits to a genetic test has the right to know or to refuse to know the results of that test. Requires the physician who requested the test to disclose the results to the individual or to another physician designated by the individual, if the individual elects to know the results. Prohibits the physician who requested the performance of the test from disclosing the results to the individual, if the individual elects not to know the results. Deletes text requiring, on the written request of an individual, an entity that performed a test to disclose the results to an individual or to a physician designated by the individual. Makes a nonsubstantive change. SECTION 4. Amends Section 21.405, Labor Code, to require a genetic material test sample taken from an individual to be promptly destroyed after the purpose for which the sample was obtained is accomplished unless the tested individual authorizes retention of the sample for purposes of medical treatment, DNA banking, or scientific research or retention of the sample is required by an organization that certifies laboratories that perform genetic tests, and is recognized by the Texas Department of Health. SECTION 5. Amends Section 1(2), Article 21.73, Insurance Code, to redefine "genetic information." SECTION 6. Amends Section 4(c), Article 21.73, Insurance Code, to authorize genetic information to be disclosed without the required authorization if the disclosure is made to the physician who refers the individual for the genetic test. SECTION 7. Amends Section 5, Article 21.73, Insurance Code, as follows: Sec. 5. RIGHT TO KNOW TEST RESULTS. Provides that an individual who submits to a genetic test has the right to know or to refuse to know the results of that test. Requires the physician who requested the test to disclose the results to the individual or to another physician designated by the individual, if the individual elects to know the results. Prohibits the physician who requested the performance of the test from disclosing the results to the individual, if the individual elects not to know the results. Deletes text requiring, on the written request of an individual, the group health benefit plan issuer or other entity that performed a test to disclose the results to an individual or to a physician designated by the individual. Makes a nonsubstantive change. SECTION 8. Amends Section 6, Article 21.73, Insurance Code, to require a sample of genetic material taken for a genetic test from an individual to be destroyed promptly after the purpose for which the sample was obtained is accomplished unless the individual tested authorizes retention of the sample for purposes of DNA banking, or retention of the sample is required by an organization that certifies laboratories that perform genetic tests and is recognized by the Texas Department of Health. SECTION 9. Amends and renumbers Article 9031, V.T.C.S., as added by Section 2, Chapter 1215, Acts of the 75th Legislature, as Article 9032, V.T.C.S., as follows: Art. 9032. PROHIBITED USE OF GENETIC INFORMATION. Sec. 1. DEFINITIONS. Redefines "genetic information." Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. Makes conforming changes. Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. Makes conforming changes. Sec. 4. RIGHT TO KNOW TEST RESULTS. Makes conforming changes Sec. 5. RETENTION OF SAMPLE. Makes conforming changes. SECTION 10.Effective date: September 1, 1999. SECTION 11.Makes application of this Act prospective to January 1, 2000. SECTION 12.Emergency clause.