New Hampshire Revised Statutes 141-H:2 – Conditions of Genetic Testing
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I. Except as otherwise provided in this chapter, no individual or member of the individual’s family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under N.H. Rev. Stat. § 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. (a) Nothing in this section shall limit genetic testing or genetic analysis used for diagnosis and treatment of a consenting patient by a clinical laboratory that has received a specimen referral from the individual patient’s treating physician, genetic counselor, or another clinical laboratory.
(b) This section allows for the disclosure of genetic testing or genetic analysis to entities participating in the clinical care of the patient.
(c) Nothing in this section shall be construed to waive the requirement that the treating physician obtain specific informed patient consent in accordance with the provisions of this section for clinical research.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under N.H. Rev. Stat. § 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
Terms Used In New Hampshire Revised Statutes 141-H:2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. (a) Nothing in this section shall limit genetic testing or genetic analysis used for diagnosis and treatment of a consenting patient by a clinical laboratory that has received a specimen referral from the individual patient’s treating physician, genetic counselor, or another clinical laboratory.
(b) This section allows for the disclosure of genetic testing or genetic analysis to entities participating in the clinical care of the patient.
(c) Nothing in this section shall be construed to waive the requirement that the treating physician obtain specific informed patient consent in accordance with the provisions of this section for clinical research.