2006 New Mexico Statutes - Section 24-21-5 — Rights of retention.

24-21-5. Rights of retention.

A.     Unless otherwise authorized by Subsection C of Section 3 [ 24-21-3 NMSA 1978] of the Genetic Information Privacy Act, no person shall retain a person's genetic information, gene products or samples for genetic analysis without first obtaining informed and written consent from the person or the person's authorized representative. This subsection does not affect the status of original medical records of patients, and the rules of confidentiality and accessibility applicable to the records continue in force.   

B.     A person's genetic information or samples for genetic analysis shall be destroyed promptly upon the specific request by that person or that person's authorized representative unless:   

(1)     retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;   

(2)     retention is authorized by order of a court of competent jurisdiction;   

(3)     retention is authorized under a research protocol approved by an institution review board pursuant to federal law or a medical registry or repository authorized by state or federal law; or   

(4)     the genetic information or samples for genetic analysis have been obtained pursuant to Subsection C of Section 3 of the Genetic Information Privacy Act.   

C.     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. 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.   

D.     Nothing in Paragraph (3) or (4) of Subsection B of Section 5 [ 24-21-5 NMSA 1978] of the Genetic Information Privacy Act authorizes retention of a person's genetic information or samples for 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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