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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.

SOUTH DAKOTA

Confidentiality of Health Information

  • Patient records are confidential [South Dakota Codified Laws 47-11F-17].
  • HMOs must maintain the confidentiality of medical records [South Dakota Codified Laws 58-41-74]
  • Information obtained in medical studies is deemed confidential and is to be used exclusively for medical research. [South Dakota Codified Laws 34-14]

Conditions Imposed on Genetic Testing/Use of Genetic information

South Dakota imposes strict restrictions on the conduct of clinical genetic tests, require obtaining prior written informed consent and a description of: 1. The nature and purpose of the predictive genetic test; 2. The effectiveness and limitations of the predictive genetic test; 3. The implications of taking the predictive genetic test, including, the medical risks and benefits; 4.The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test; 5. The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and 6.A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person’s right to confidential treatment of the sample and the information.

[South Dakota Codified Laws 34-14-22]

South Carolina imposes special restriction on the use of cells or tissues obtained from human embryos. Non-therapeutic research using human embryos is prohibited. “Nontherapeutic research” means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman’s body or any diagnostic test which may assist in the future care of a child subjected to such tests. [South Dakota Codified Laws 34-14-18]

Permitted Releases of Health Information or Genetic Information for Research

None.

Definition of Genetic Test/Genetic Information

“Genetic information,” information derived from a genetic test about a gene, gene product, or inherited characteristic;

“Genetic test,” a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

“Predictive genetic test,” a genetic test performed for the purpose of predicting the future probability that the person tested will develop a genetically related disease or disability.

[South Dakota Codified Laws 34-14-21]

Genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes. [South Dakota Codified Laws 58-1-24 and 60-2-21 prohibition on discrimination in employment and insurance]