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U.S. National Institutes of Health
Last Updated: 03/05/10

Appendix A

Summary of State Laws

This summary of state laws does not include full citations for statutes that prohibit discrimination in employment or insurance on the basis of genetic testing or genetic information. There are other comprehensive collections of state laws addressing genetic nondiscrimination in employment and insurance. Therefore, there are complete references only where the statute is relevant for the conduct of research using tissue specimens.


Confidentiality of Health Information

  • HMOs may not release medical information without individual consent (oral, electronic, or written), except for research that is conducted according to the Common Rule, or where the identity of participants is coded. [Alaska Statutes 21.86.280]
  • Medical and public health records are not open to public inspection. [Alaska Statutes 09.25.120]
  • Information held by insurance organizations must be kept confidential.
  • Data and records that identify an individual are confidential, and may not be disclosed or copied [Alaska Statutes 18.05.042].

Conditions Imposed on Genetic Testing/Use of Genetic information

Rules imposed on genetic testing and genetic privacy. Written informed consent is required to collect DNA samples, perform DNA analysis, retains DNA samples or disclose the results of a DNA analysis. [Alaska Statutes 18.13.010]

Permitted Releases of Health Information or Genetic Information for Research

Managed care entities may disclose medical information without the individual’s consent for research that is either: 1) subject to federal law and regulations protecting the rights and welfare of research participants, or 2) protects the confidentiality of the participants in the study through coding or encryption of identifying information. [Alaska Statutes 21.07.040]

Definition of Genetic Test/Genetic Information

DNA mean deoxyribonucleic acid, including mitochondrial DNA, complementary DNA, and DNA derived from ribonucleic acid. [Alaska Statutes 18.13.100] DNA Analysis means DNA or genetic typing and testing to determine the presence or absence of genetic characteristics in an individual, including tests of nucleic acids or chromosomes in order to diagnose or identify a genetic characteristic; DNA analysis does not include a routine physical measurement, a test for drugs, alcohol, cholesterol, or the human immunodeficiency virus, a chemical, blood, or urine analysis, or any other diagnostic test that is widely accepted and in use in clinical practice; (3) genetic characteristic includes a gene, chromosome, or alterations of a gene or chromosome that my be tested to determine the existence or risk of a disease, disorder, trait, propensity or syndrome, or to identify an individual or a blood relative; genetic characteristic does not include family history or a genetically transmitted characteristic who existence or identity is determined other than through a genetic test. [Alaska Statutes 18.13.100]