35-32-102. Genetic testing; prohibitions; exceptions.

(a) Except as provided in subsection (b) of this section, no person conducting genetic analysis shall do any of the following without the informed consent of the individual or the individual's authorized representative:

(i) Obtain an individual's genetic information;

(ii) Perform a genetic analysis on an individual;

(iii) Retain an individual's genetic information;

(iv) Disclose an individual's genetic information.

(b) Except as otherwise prohibited by law, an individual's genetic information may be obtained, retained, disclosed and used without informed consent for:

(i) Disclosures to the individual or the individual's authorized representative;

(ii) Law enforcement purposes otherwise authorized by law;

(iii) The state DNA database created by W.S. 7-19-402 or the comparable provisions of another jurisdiction;

(iv) The registration of sex offenders pursuant to W.S. 7-19-302;

(v) Determining paternity in accordance with a court or administrative order;

(vi) Determining the identity of a deceased individual;

(vii) Newborn screening requirements under W.S. 35-4-801;

(viii) The provision of emergency medical treatment;

(ix) Complying with an order of a court of competent jurisdiction;

(x) Anonymous research where the identity of the individual will not be released;

(xi) Services limited to storage, retrieval, handling or transmission of genetic information by a third party service provider pursuant to a contract or other obligation;

(xii) Diagnosis or treatment of the individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Nothing in this paragraph shall be deemed to waive the requirement that a treating physician obtain specific informed consent for the taking of a specimen when required.