1. It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is:
(a) Authorized or required pursuant to NRS 439.538;
(b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;
(c) Authorized pursuant to an order of a court of competent jurisdiction; or
(d) Necessary for a medical facility to maintain a medical record of the person.
2. A person who has authorized another person to retain his or her genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:
(a) Authorized or required pursuant to NRS 439.538;
(b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;
(c) Authorized by an order of a court of competent jurisdiction;
(d) Necessary for a medical facility to maintain a medical record of the person; or
(e) Authorized or required by state or federal law or regulation.
3. Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:
(a) The completion of the study; or
(b) The withdrawal of the person from the study,
whichever occurs first.
4. A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his or her withdrawal from the study.
(Added to NRS by 1997, 1464; A 2007, 1982; 2015, 1555)
Structure Nevada Revised Statutes
Chapter 629 - Healing Arts Generally
NRS 629.016 - "Custodian of health care records" and "custodian" defined.
NRS 629.021 - "Health care records" defined.
NRS 629.026 - "Medical facility" defined.
NRS 629.071 - Provider of health care required to furnish patient with itemized bill.
NRS 629.086 - Conditions and limitations on injection of dermal or soft tissue fillers.
NRS 629.111 - "Genetic information" defined.
NRS 629.121 - "Genetic test" defined.
NRS 629.141 - Right to inspect or obtain.
NRS 629.151 - Obtaining genetic information of person without consent unlawful; exceptions.
NRS 629.181 - Procedure for obtaining consent of person; regulations.
NRS 629.201 - Right to bring civil action for disclosure of genetic information.
NRS 629.310 - "Allogeneic" defined.
NRS 629.320 - "Autologous" defined.
NRS 629.330 - "Nonembryonic cells" defined.
NRS 629.350 - Provisions do not indicate status of authorized activities under federal law.
NRS 629.360 - Operation of cell or tissue bank authorized.
NRS 629.370 - Administration of nonembryonic cells.
NRS 629.380 - Compounding of drug, medicine or health product using nonembryonic cells authorized.
NRS 629.400 - Legislative declaration.
NRS 629.420 - "Division" defined.
NRS 629.430 - "Sponsoring organization" defined.
NRS 629.440 - "Voluntary health care service" defined.
NRS 629.470 - Provider of health care required to carry liability insurance.