2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 21 - Genetic Information Privacy › Section 24-21-3 - Genetic analysis prohibited without informed consent; exceptions.

A. Except as provided in Subsection C of this section, no person shall obtain genetic information or samples for genetic analysis from an individual without first obtaining informed and written consent from the individual or the individual's authorized representative.
B. Except as provided in Subsection C of this section, genetic analysis of an individual or collection, retention, transmission or use of genetic information without the informed and written consent of the individual or the individual's authorized representative is prohibited.
C. An individual's DNA, genetic information or the results of genetic analysis may be obtained, retained, transmitted or used without the individual's written and informed consent pursuant to federal or state law or regulations only:
(1) to identify an individual in the course of a criminal investigation by a law enforcement agency;
(2) if the individual has been convicted of a felony, for purposes of maintaining a DNA database for law enforcement purposes;
(3) to identify a deceased individual;
(4) to establish parental identity;
(5) to screen newborns;
(6) if the DNA, genetic information or results of genetic analysis are not identified with the individual or the individual's family members;
(7) by a court for determination of damage awards pursuant to the Genetic Information Privacy Act;
(8) by medical repositories or registries;
(9) for the purpose of medical or scientific research and education, including retention of gene products, genetic information or genetic analysis if the identity of the individual or the individual's family members is not disclosed;
(10) for the purpose of emergency medical treatment consistent with applicable law; or
(11) by a laboratory conducting an analysis or test of a specified individual pursuant to a written order to the laboratory from a health care practitioner or the health care practitioner's agent, including by electronic transmission.
D. 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 if the use of genetic analysis or genetic information for underwriting purposes is based on sound actuarial principles or related to actual or reasonably anticipated experience. 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.
E. Nothing in Paragraph (5), (8), (9), (10) or (11) of Subsection C of this section authorizes a person to obtain, retain, transmit or use an individual's DNA, genetic information or the results of genetic analysis if the individual or the individual's authorized representative or guardian, or the parent or guardian of a minor child, gives notice to the person of an objection on the basis of religious tenets or practices.
History:
Laws 1998, ch. 77, § 3; 2015, ch. 156, § 3.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, authorized the acquisition, retention, transmission or use of genetic information or the results of genetic analysis without an individual's written and informed consent by a laboratory conducting an analysis or test of a specified individual pursuant to a written order from a health care practitioner or its agent; in Subsection A, after "analysis from", deleted "a person" and added "an individual", and after "consent from the", deleted "person or the person's" and added "individual or the individual's"; in Subsection B, after "genetic analysis of", deleted "a person" and added "an individual", and after "written consent of the", deleted "person or the person's" and added "individual or the individual's"; in Subsection C, deleted "A person's" and added "An individual's", and after "used without the", deleted "person's" and added "individual's"; in Paragraph (1) of Subsection C, after "identify", deleted "a person" and added "an individual"; in Paragraph (2) of Subsection C, after "if the", deleted "person" and added "individual"; in Paragraph (3) of Subsection C, after "identify", added "a", and after "deceased", deleted "persons" and added "individual"; in Paragraph (6) of Subsection C, after "identified with the", deleted "person or person's" and added "individual or the individual's"; in Paragraph (9) of Subsection C, after "identity of the", deleted "person or person's" and added "individual or the individual's"; added new Paragraph (11) of Subsection C; and in Subsection E, after "(5)", deleted "(6)", after "(9)", deleted "or", after "(10)", added "or (11)", after "Subsection C of this", added "this", after "section", deleted "3 of the Genetic Information Privacy Act", after "authorizes", deleted "obtaining, retaining, transmitting or using a person's" and added "a person to obtain, retain, transmit or use an individual's", after "analysis if the", deleted "person, his" and added "individual or the individual's", and after "minor child", deleted "objects" and added "gives notice to the person of an objection".