CHAPTER 126

FORMERLY

SENATE BILL NO. 151

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GENETIC INFORMATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 12, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1201 Definitions.

As used in this subchapter:

(4) “Informed consent”

c. For the purpose of disclosing genetic information, means the signing of a consent form which includes a description of the genetic information to be disclosed and to whom or a notice that the information will be available to individuals who have access to Electronic Medical Records (EMR) or to the Delaware Health Information Network (DHIN).

§ 1205 Conditions for disclosure to others of genetic information.

(a) Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:

(11) Disclosure is authorized in accordance with § 1201(4)d. § 1201(4)c. of this title; or

Approved July 27, 2015