Oklahoma § 36-3614.4 - Disclosure of genetic research studies

§ 36-3614.4. Disclosure of genetic research studies

A. This section shall be known and may be cited as the “Genetic

Research Studies Nondisclosure Act”.

B. For purposes of the Genetic Research Studies Nondisclosure

Act, “genetic research study or studies” shall mean those genetic

research studies approved by an institutional review board as

defined in 21 CFR, Section 50 or conducted subject to the

requirements of the federal common rule at 21 CFR, Section 50 and

Section 56, and 45 CFR, Section 46.

C. All research records of individual subjects in genetic

research studies shall be confidential, meaning the records shall

not be subject to subpoena or discovery in civil suits, except in

cases where the information in the records is the basis of the suit.

The records shall not be disclosed to employers or health insurers

without the informed consent of the subject.

D. Notwithstanding any language in this section to the

contrary, this section shall not apply to an insurer or to an

individual or third party dealing with an insurer in the ordinary

course of underwriting, conducting or administering the business of

life, disability income or long-term care insurance or in connection

with any judicial, legislative or administrative proceeding relating

to life, disability income or long-term care insurance. Nothing in

this section is intended to govern an insurer or to govern an

individual or third party dealing with an insurer in connection with

the obtaining, maintaining, use, disclosure or redisclosure of

genetic information or the results of a genetic test, including but

not limited to records of individual subjects in genetic research in

connection with life, disability income or long-term care insurance

or in connection with any judicial, legislative or administrative

proceeding relating to life, disability income or long-term care

insurance.

E. 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 informed consent

has been obtained. Informed consent may be included in a section of

the consent for treatment, admission to a hospital or clinic, or

permission for an autopsy and no other consent shall be required.

F. 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. If specific

informed consent from the individual has been obtained, the

individual may be identified.

Added by Laws 1999, c. 82, § 1, eff. Nov. 1, 1999.