This section lists exceptions allowing genetic information to be disclosed or redisclosed without an authorization in specific situations, and limits redisclosure to only what is reasonably necessary.
Sec. 546.103. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 546.104 if the disclosure is: (1) authorized under a state or federal criminal law relating to: (A) the identification of individuals; or (B) a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child-abuse team; (2) required under a specific order of a state or federal court; (3) for the purpose of establishing paternity as authorized under a state or federal law; (4) made to provide genetic information relating to a decedent and the disclosure is made to the blood relatives of the decedent for medical diagnosis; or (5) made to identify a decedent. (b) A health benefit plan issuer may redisclose genetic information without an authorization under Section 546.104: (1) for actuarial or research studies if: (A) a tested individual could not be identified in any actuarial or research report; and (B) any materials that identify a tested individual are returned or destroyed as soon as reasonably practicable; (2) to the department for the purpose of enforcing this chapter; or (3) for a purpose directly related to enabling a business decision to be made about: (A) purchasing, transferring, merging, or selling all or part of an insurance business; or (B) obtaining reinsurance affecting that insurance business. (c) A redisclosure authorized under Subsection (b) may contain only information reasonably necessary to accomplish the purpose for which the information is disclosed. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005. Amended by: Acts 2005, 79th Leg., Ch. 670 (S.B. 53), Sec. 8, eff. September 1, 2005.