191.317. Confidentiality of all tests and personal information--exceptions--retention of specimens, procedure. - Missouri Statutes

Confidentiality of all tests and personalinformation--exceptions--retention of specimens, procedure.

191.317. 1. All testing results and personal information obtainedfrom any individual, or from specimens from any individual, shall be heldconfidential and be considered a confidential medical record, except forsuch information as the individual, parent or guardian consents to bereleased; but the individual must first be fully informed of the scope ofthe information requests to be released, of the risks, benefits andpurposes for such release, and of the identity of those to whom theinformation will be released. Statistical data compiled without referenceto the identity of any individual shall not be declared confidential.Notwithstanding any other provision of law to the contrary, the departmentmay release the results of newborn screening tests to a child's health careprofessional.

2. The specimen shall be retained for five years after initialsubmission to the department. After five years, the specimen shall bedestroyed. Unless otherwise directed under this section, a biologicalspecimen may be released for purposes of anonymous scientific study. Atthe time of collection, the parent or legal guardian of the child from whoma biological specimen was obtained may direct the department to:

(1) Return a biological specimen that remains after all screeningtests have been performed;

(2) Destroy a biological specimen in a scientifically acceptablemanner after all screening tests required under section 191.331 or rulepromulgated thereunder have been performed; or

(3) Store a biological specimen but not release the biologicalspecimen for anonymous scientific study.

3. A biological specimen released for anonymous study under thissection shall not contain information that may be used to determine theidentity of the donor.

(L. 1985 H.B. 612 § 191.315 subsec. 3, A.L. 2007 H.B. 948)