It is unlawful to perform a genetic test on an individual without first obtaining specific informed consent to the test from the individual, or a person legally authorized to consent on behalf of the individual, unless the test is performed:
(1) by or for a law enforcement agency in a criminal investigation or for the State DNA Database as provided in Sections 23-3-620 through 23-3-640;
(2) for purposes of identifying a person or a dead body;
(3) to establish paternity as provided by Section 63-17-30;
(4) pursuant to a statute or court order specifically requiring that the test be performed; or
(5) for diagnosis or treatment of the individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Nothing in this item may be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.
HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.
Editor's Note
Prior laws:1998 Act No. 369, Section 1; 1976 Code Section 38-93-40.