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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.

ARIZONA

Confidentiality of Health Information

  • All medical records and the information in them are privileged and confidential and may not be disclosed by physicians, hospitals, and other health care providers. [Arizona Revised Statutes 12.2292]
  • Medical records are defined as all communications that are recorded in any form or medium and that are maintained for purposes of patient treatment, including reports, notes and orders, test results, diagnoses, treatments, photographs, videotapes, X rays, billing records and the results of independent medical examinations that describe patient care. Medical records include psychological records and all medical records held by a health care provider, including medical records that are prepared by other providers [Arizona Revised Statutes 12.2291 and 12.2292]

Conditions Imposed on Genetic Testing/Use of Genetic information

Conditions imposed on clinical genetic testing.

Permitted Releases of Health Information or Genetic Information for Research

  • Genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested, except they may be released to researchers for medical research or public health purposes if the research is conducted pursuant to applicable federal or state laws and regulations governing clinical and biological research or if the identity of the individual providing the sample is not disclosed to the person collecting and conducting the research. [Arizona Revised Statutes 12-2802]
  • Medical information may not be released by insurance companies, however, releases of information for research purposes without individual consent are permitted when the subject is not identified [Arizona Revised Statutes 202113].

Definition of Genetic Test/Genetic Information

“Genetic test” or “genetic testing”: (a) means a test of a person’s genes, genetic sequence, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that: (i) Are linked to physical or mental disorders or impairments. (ii) Indicate a susceptibility to any illness, disease, impairment, or other disorder, whether physical or mental. (ii) Demonstrate genetic or chromosomal damage due to any environmental factor. (b) Does not include:….(v) Tests given for use in biomedical research that is conducted to generate scientific knowledge about genes or to learn about the genetic basis of disease or for developing pharmaceutical and other treatment of disease. [Arizona Revised Statutes, Title 12, Chapter 19, Genetic Testing, Section 12-2801. Definitions]

“Gene products” means gene fragments, nucleic acids, or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

“Genetic test” means an analysis of an individual’s DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for disease or disorder.

[Arizona Revised Statutes, Title 20, Insurance, Section 20-448.02, Genetic testing; informed consent; definitions]