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
- Medical information contained in the medical records in the possession of any health care provider is deemed to be the property of the patient. [New Hampshire Revised Statutes, 332: I-1]
- Health care facilities must ensure confidential treatment of a patient’s medical records and written consent is requires for releases of information. [New Hampshire Revised Statutes 151.21X]
- Medical and scientific research information must be kept confidential and used only for medical or scientific purposes [New Hampshire Revised Statutes, 126 A:11]
- Health care providers are expressly prohibited from releasing or using patient-identifiable medical information for the purpose of sales or marketing of services or products unless they have obtained the patient’s written authorization. [New Hampshire Revised Statutes 332-I:1.]
- Insurer must maintain the confidentiality of health information. [New Hampshire Revised Statutes 420-J:10]
- The release or use of patient identifiable medical information for the purpose of sales or marketing is prohibited without written authorization. [New Hampshire Revised Statutes 332-I:1]
Conditions Imposed on Genetic Testing/Use of Genetic information
Conditions imposed on the use of genetic testing for insurance and employment.
Genetic information may not be disclosed without consent [New Hampshire Revised Statutes Section 141-H:2]
Permitted Releases of Health Information or Genetic Information for Research
Disclosures of information without individual authorization are permitted for research purposes [New Hampshire Administrative Code Revised Annotated, 3005.01.].
Definition of Genetic Test/Genetic Information
“Genetic testing” means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task. [New Hampshire Revised Statutes 141-H:1]