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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

Personal patient information, including medical record information and information collected or received by insurers must be kept confidential by health providers and by insurers. [Baldwin’s Ohio Revised Code Annotated, Section 3904.01 and 3904.13].

Conditions Imposed on Genetic Testing/Use of Genetic information

Restricts the use of genetic information in the provision of insurance.

Permitted Releases of Health Information or Genetic Information for Research

Releases of information are permitted for research as follows: When personal or privileged information may be disclosed. (I) Made for the purpose of conducting actuarial or research studies, provided the following conditions are met: (1) No individual may be identified in any actuarial or research report; (2) Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed; (3) The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent, or insurance support organization. [Baldwin’s Ohio Revised Code Annotated Section 3904.13]

Definition of Genetic Test/Genetic Information

“Genetic screening or testing” means a laboratory test of a person’s genes or chromosomes for abnormalities, defects, or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease, or other disorders, whether physical or mental, which test is a direct test for abnormalities, defects, or deficiencies, and not an indirect manifestation of genetic disorders.

[Baldwin’s Ohio Revised Code Annotated Section 1751.64 Genetic screening or testing]