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Mass. Gen. Laws. Ann. ch. 111, §70G - Genetic information and reports protected as private information; prior written consent for genetic testing
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“Genetic information and reports protected as private information; prior written consent for genetic testing”
This section establishes the definitionsregarding genetic information. “Confidential research information,”is defined as any result of a genetic test maintained pursuant to pharmacological or clinical research protocols. Genetic information is defined as any written or recorded individually identifiable result of a genetic test except those conducted for immediate clinical or diagnostic purposes. Prior written consent must be obtained for genetic testing.
Records pertaining to any genetic information shall not be public records, and the contents cannot not be divulged by any person having charge of or access to the same without informed written consent, except upon proper judicial order or to a person whose official duties, in the opinion of the commissioner, entitle receipt of the information. This information can be disclose as confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease.
Whoever violates any provisions of this section shall be deemed to have violated section 2 of chapter 93A. Any person whose rights under this section have been violatedmay institute a civil action for injunctive and other equitable relief.
Current as of June 2015