Definitions

As used in this chapter, the term: (1) ‘‘Genetic testing’’ means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic material or genes which are associated with a disease or illness that is asymptomatic at the time of testing and that arises solely as a result of such abnormality in genes or genetic material. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus. (2) ‘‘Insurer’’ means an insurer, a fraternal benefit society, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. History. — Code 1981, § 33-54-2, enacted by Ga. L. 1995, p. 1242, § 4; Ga. L. 2019, p. 533, § 1-17/HB 99. The 2019 amendment, effective July 1, 2019, deleted ‘‘a nonprofit medical service corporation,’’ following ‘‘benefit society,’’ near the middle of paragraph (2). 33-54-3. Purpose of testing; consent required; confidential and privileged information. (a) Except as otherwise provided in this chapter, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person to be tested. (b) Information derived from genetic testing shall be confidential and privileged and may be released only to the individual tested and to persons specifically authorized by such individual to receive the information. Any insurer that possesses information derived from genetic testing may not release the information to any third party without the explicit written consent of the individual tested. Information derived from genetic testing may not be sought by any insurer as defined in Code Section 33-54-2. 974 33-54-7 History. — Code 1981, § 33-54-3, enacted by Ga. L. 1995, p. 1242, § 4. 33-54-4. Prohibited use of information.