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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.

ARKANSAS

Confidentiality of Health Information

• HMOs may not disclose any personal medical information without an applicant’s consent [Arkansas Code Annotated 23-76-129]
• Records are defined as “hospital records or medical records and includes an admitting form, discharge summary, history and physical, progress notes, physicians’ orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses’ notes, and other reports catalogued and maintained by the hospital’s medical record department. ”Records” does not include X-rays, electrocardiograms, and similar graphic matter.” [Arkansas Code Annotated 16-46-301]
• The use of medical records for research is permitted when the identity of the participant is protected. [Arkansas Code Annotated 20-09-304]

Conditions Imposed on Genetic Testing/Use of Genetic information

Research records of individual subjects in genetic research studies may not be subject to subpoena or disclosed to employers or health insurers without the informed, written consent of the individual. [Arkansas Code Annotated, Genetic Research Studies Nondisclosure Act. Section 20-35-103]

Permitted Releases of Health Information or Genetic Information for Research

All stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies, if: (A) The patient’s name or social security number is not attached to or included with the specimen; or (B) The patient’s name or social security number is attached to or included with the specimen and the patient has given informed written consent to the disclosure. Informed written consent shall not be included in a section of the consent for treatment, admission to a hospital or clinic, or permission for an autopsy. (C)(1) It shall be permissible to publish or otherwise use the results of genetic research studies for research or educational purposes if no individual subject is identified. (2) If specific informed consent from the individual has been obtained in writing, the individual may be identified. [Arkansas Code Annotated, Genetic Research Studies Nondisclosure Act. Section 20-35-103]

Results of genetic research studies may be published or otherwise used if individual subjects are not identified. If written informed consent is obtained, the individual may be identified.

[Arkansas Code Annotated, Genetic Research Studies Nondisclosure Act. Section 20-35-103.]

Definition of Genetic Test/Genetic Information

Genetic research studies are defined as genetic research studies approved by an institutional review board as defined in 21 C.F.R., Act 50, as it existed on January 1, 2001, or conducted subject to the requirements of the federal Common Rule at 21 C.F.R., Act 50 and Act 56, and 45 C.F.R., Act 46, as existed on January 1, 2001. [Arkansas Code Annotated, Genetic Research Studies Nondisclosure Act 20-35102]

“Genetic test” means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder.

[Arkansas Code Annotated, Genetic Information in the Workplace Act and Genetic Nondiscrimination in Insurance Act (Arkansas Code Annotated 11-5-403 and 23-66-230)]