A.R.S. tit. 12 ch. 19 — Arizona Revised Statutes Title 12 Chapter 19 — Genetic Testing

12-2801. Definitions In this chapter, unless the context otherwise requires: 1. "Genetic test" or "genetic testing": (a) Means a test of a person's genes, genetic sequence, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that: (i) Are linked to physical or mental disorders or impairments. (ii) Indicate a susceptibility to any illness, disease, impairment or other disorder, whether physical or mental. (iii) Demonstrate genetic or chromosomal damage due to any environmental factor. (b) Does not include: (i) Chemical, blood and urine analyses that are widely accepted and used in clinical practice and that are not used to determine genetic traits. (ii) Tests used in a criminal investigation or prosecution or as a result of a criminal conviction. (iii) Tests for the presence of the human immunodeficiency virus. (iv) Tests to determine paternity conducted pursuant to title 25, chapter 6, article 1. (v) Tests given for use in biomedical research that is conducted to generate scientific knowledge about genes or to learn about the genetic basis of disease or for developing pharmaceutical and other treatment of disease. 2. "Health care decision maker" means a person who is authorized to make health care treatment decisions for the patient, including a parent of a minor and a person who is authorized to make these decisions pursuant to title 14, chapter 5, article 2 or 3 or section 8-514.05, 36-3221, 36-3231 or 36-3281. 3. "Health care provider" means physicians licensed pursuant to title 32, chapter 13, 14 or 17, physician assistants licensed pursuant to title 32, chapter 25, registered nurse practitioners licensed pursuant to title 32, chapter 15, health care institutions as defined in section 36-401 and clinical laboratories licensed pursuant to title 36, chapter 4.1. 12-2802. Confidentiality of genetic testing results; disclosure A. Except as otherwise provided in this article, genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested and shall be released only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or to: 1. The person tested. 2. Any person who is specifically authorized in writing by the person tested or by that person's health care decision maker to receive this information. 3. The health care decision maker of the person tested. 4. A researcher for medical research or public health purposes only if the research is conducted pursuant to applicable federal or state laws and regulations governing clinical and biological research or if the identity of the individual providing the sample is not disclosed to the person collecting and conducting the research. 5. A third person if approved by a human subjects review committee or a human ethics committee, with respect to persons who are subject to an Arizona cancer registry. 6. A health care provider who is providing care to the person tested and an agent or employee of the health care provider. 7. A health care provider that procures, processes, distributes or uses: (a) A human body part from a deceased person with respect to medical information regarding that person. (b) Semen or ova for the purpose of artificial insemination. 8. A health care provider to conduct utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917. 9. The authorized agent of a federal, state or county health department to conduct activities specifically authorized pursuant to the laws of this state for the birth defects registry, children's rehabilitative services, newborn screening and sickle cell diagnosis and treatment programs and chronic, environmentally provoked and infectious disease programs. 10. To obtain legal advice, the legal representative of a health care provider or clinical laboratory that is in possession of the medical record. B. A pathologist who is licensed pursuant to title 32, chapter 13 or 17 may order and perform genetic testing for a patient and receive the results of that testing. C. A person shall not disclose or be compelled to disclose the identity of any person on whom a genetic test is performed or the results of a genetic test in a manner that allows identification of the person tested except to the persons specified in the circumstances set forth in subsection A of this section. D. If genetic testing information is subpoenaed, a health care provider shall respond pursuant to section 12-2294.01, subsection E. In determining whether to order production of the genetic testing information, the court shall take all steps necessary to prevent the disclosure or dissemination of that information. E. Except as provided in this section, chapter 13, article 7.1 of this title does not apply to genetic testing information that is contained within a patient's medical record. F. Following the death of a person who had genetic testing performed, the release of the testing information is governed by section 12-2294, subsection D, except that the person may deny, release or limit release of the genetic testing results by adopting a provision in a testamentary document. G. Except as specifically provided in this article, a person to whom test results have been disclosed pursuant to this article, other than the person tested, shall not disclose the test results to any other person. H. A health care provider and the provider's agents and employees that act in good faith and that comply with this article are not subject to civil liability. The good faith of a health care provider that complies with this article is presumed. The presumption may be rebutted by a preponderance of the evidence. I. This article does not limit the effect of title 20 provisions governing the confidentiality and use of genetic testing information. 12-2803. Testing of minors; notice to parents; informed consent A. A genetic test shall not be conducted on an unemancipated minor without the consent of the parent or legal guardian of the minor except for testing under the newborn screening program pursuant to section 36-694. B. A physician who orders the genetic testing of an unemancipated minor shall notify the child's parent or legal guardian of the results of the test. C. Except for the circumstances prescribed in section 12-2802, subsection A, paragraph 4, 7 or 9, a health care provider shall not conduct a genetic test on a person unless the health care provider first obtains written informed consent from the person to be tested or from the person's authorized representative. 12-2804. Public records A. Information and records held by a state agency or a local health authority relating to genetic testing information are confidential and are exempt from the public copying and inspection requirements of title 39, chapter 1, article 2. B. A state agency or a local health authority shall not release or make available to the public genetic testing information and records.