Sec. 21.405. 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 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(g), eff. Sept. 1, 2003.
Structure Texas Statutes
Title 2 - Protection of Laborers
Subtitle A - Employment Discrimination
Chapter 21 - Employment Discrimination
Subchapter H. Discriminatory Use of Genetic Information
Section 21.402. Discriminatory Use of Genetic Information Prohibited
Section 21.403. Confidentiality of Genetic Information
Section 21.4031. Exceptions to Confidentiality
Section 21.4032. Authorized Disclosure
Section 21.404. Disclosure of Test Results to Individual Tested