Sec. 58.052. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:
(1) the sample is retained under a court order;
(2) the individual authorizes retention of the sample for medical treatment or scientific research;
(3) the sample was obtained for research that is cleared by an institutional review board and retention of the sample is:
(A) under a requirement the institutional review board imposes on a specific research project; or
(B) authorized by the research participant with institutional review board approval under federal law; or
(4) the sample was obtained for a screening test established by the Texas Department of Health under Section 33.011, Health and Safety Code, and performed by that department or a laboratory approved by that department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.001(a), eff. Sept. 1, 2003.
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