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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.

OKLAHOMA

Confidentiality of Health Information

Conditions Imposed on Genetic Testing/Use of Genetic information

Oklahoma has passed a “Genetic Research Studies Nondisclosure Act” which imposes restrictions on the use and disclosure of genetic information. [Oklahoma Statutes Annotated, Section 36-3614.4]

The Act addresses the use of stored tissue, stating that it may be used when informed consent is obtained. [Oklahoma Statutes Annotated, Section 36-3614.4]

Oklahoma law prohibits genetic discrimination in employment and in insurance.

Permitted Releases of Health Information or Genetic Information for Research

Oklahoma allows the use of results of genetic research studies for research or educational purposes if the subjects are not identified (if the subjects are to be identified then specific informed consent is required). The Genetic Research Studies Nondisclosure Act states as follows: “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 informed consent has been obtained. Informed consent may be included in a section of the consent for treatment, admission to a hospital or clinic, or permission for an autopsy and no other consent shall be required. 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. If specific informed consent from the individual has been obtained, the individual may be identified. [Oklahoma Statutes Annotated, Section 3614.4]

Definition of Genetic Test/Genetic Information

Authors’ note: Genetic information is regulated by three separate statutes: the Genetic Research Studies Nondiscrimination Act [36-3614.4], the Genetic Nondiscrimination in Insurance Act [36-3614.1], and the Genetic Nondiscrimination in Employment Act [36-3614.2] The “Genetic Nondiscrimination in Employment Act” Section 363614.2 and the Genetic Nondiscrimination in Insurance Act Section 36-3614.1] use identical definitions of Genetic Test and Genetic Information.

“Genetic information” means information derived from the results of a genetic test. Genetic information shall not include family history, the results of a routine physical examination or test, the results of a chemical, blood or urine analysis, the results of a test to determine drug use, the results of a test for the presence of the human immunodeficiency virus, or the results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer; (4.) “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. “Genetic test” shall not include: a. a routine physical examination or a routine test performed as a part of a physical examination, b. a chemical, blood, or urine analysis, c. a test to determine drug use, d. a test for the presence of the human immunodeficiency virus, or e. any other test commonly accepted in clinical practice at the time it is ordered by the insurer.