2006 New Mexico Statutes - Section 24-21-3 — Genetic analysis prohibited without informed consent; exceptions.

24-21-3. Genetic analysis prohibited without informed consent; exceptions.

A.     Except as provided in Subsection C of this section, no person shall obtain genetic information or samples for genetic analysis from a person without first obtaining informed and written consent from the person or the person's authorized representative.   

B.     Except as provided in Subsection C of this section, genetic analysis of a person or collection, retention, transmission or use of genetic information without the informed and written consent of the person or the person's authorized representative is prohibited.   

C.     A person's DNA, genetic information or the results of genetic analysis may be obtained, retained, transmitted or used without the person's written and informed consent pursuant to federal or state law or regulations only:   

(1)     to identify a person in the course of a criminal investigation by a law enforcement agency;   

(2)     if the person has been convicted of a felony, for purposes of maintaining a DNA database for law enforcement purposes;   

(3)     to identify deceased persons;   

(4)     to establish parental identity;   

(5)     to screen newborns;   

(6)     if the DNA, genetic information or results of genetic analysis are not identified with the person or person's family members;   

(7)     by a court for determination of damage awards pursuant to the Genetic Information Privacy Act [ 24-21-1 NMSA 1978];   

(8)     by medical repositories or registries;   

(9)     for the purpose of medical or scientific research and education, including retention of gene products, genetic information or genetic analysis if the identity of the person or person's family members is not disclosed; or   

(10)     for the purpose of emergency medical treatment consistent with applicable law.   

D.     Actions of an insurer and third parties dealing with an insurer in the ordinary course of conducting and administering the business of life, disability income or long-term care insurance are exempt from the provisions of this section if the use of genetic analysis or genetic information for underwriting purposes is based on sound actuarial principles or related to actual or reasonably anticipated experience. However, before or at the time of collecting genetic information for use in conducting and administering the business of life, disability income or long-term care insurance, the insurer shall notify in writing an applicant for insurance or the insured that the information may be used, transmitted or retained solely for the purpose of conducting and administering the business of life, disability income or long-term care insurance.   

E.     Nothing in Paragraph (5), (6), (8), (9) or (10) of Subsection C of Section 3 [ 24-21-3 NMSA 1978] of the Genetic Information Privacy Act authorizes obtaining, retaining, transmitting or using a person's DNA, genetic information or the results of genetic analysis if the person, his authorized representative or guardian, or the parent or guardian of a minor child, objects on the basis of religious tenets or practices.   

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