375.1309. Confidentiality of genetic information, exceptions--penalty for violation.

MISSOURI STATUTES AND CODES

375.1309. Confidentiality of genetic information, exceptions--penalty for violation.

Confidentiality of genetic information, exceptions--penalty forviolation.

375.1309. 1. Any person who, in the ordinary course of business,practice of a profession or rendering of a service, creates, stores,receives or furnishes genetic information, as such term is defined insubdivision (3) of section 375.1300, shall hold such information asconfidential medical records and shall not disclose such geneticinformation except pursuant to written authorization of the person to whomsuch information pertains or to that person's authorized representative.The requirements of this section shall not apply to:

(1) Statistical data compiled without reference to the identity of anindividual;

(2) Health research conducted in accordance with the provisions ofthe federal common rule protecting the rights and welfare of researchparticipants (45 CFR 46 and 21 CFR 50 and 56), or to health research usingmedical archives or databases in which the identity of individuals isprotected from disclosure by coding or encryption, or by removing allidentities;

(3) The release of such information pursuant to legal or regulatoryprocess; or

(4) The release of such information for body identification.

2. If the director determines that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may issue such administrativeorders as authorized under section 374.046, RSMo. A violation of any ofthese sections is a level two violation under section 374.049, RSMo.

3. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may maintain a civil action forrelief authorized under section 374.048, RSMo. A violation of any of thesesections is a level two violation under section 374.049, RSMo.