NRS629.161. Retention of genetic information of person without consent unlawful; exceptions; destruction of genetic information.

      1.  It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is:

      (a) Authorized or required pursuant to NRS 439.538;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (c) Authorized pursuant to an order of a court of competent jurisdiction; or

      (d) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person.

      2.  A person who has authorized another person to retain his or her genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:

      (a) Authorized or required pursuant to NRS 439.538;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      (c) Authorized by an order of a court of competent jurisdiction;

      (d) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person; or

      (e) Authorized or required by state or federal law or regulation.

      3.  Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:

      (a) The completion of the study; or

      (b) The withdrawal of the person from the study,

Ê whichever occurs first.

      4.  A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his or her withdrawal from the study.

      (Added to NRS by 1997, 1464; A 2007, 1982)