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(a) No research records of individual subjects in genetic research studies shall be:
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(1) Subject to subpoena or discovery in civil suits, except in cases in which the information in the records is the basis of the suit; or
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(2) Disclosed to employers or health insurers without the informed, written consent of the individual.
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(b)
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(1) All stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies, if:
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(A) The patient’s name or Social Security number is not attached to or included with the specimen; or
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(B) The patient’s name or Social Security number is attached to or included with the specimen and the patient has given informed written consent to the disclosure.
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(2) Informed written consent shall not be included in a section of the consent for treatment, admission to a hospital or clinic, or permission for an autopsy.
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(c)
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(1) It shall be permissible to publish or otherwise use the results of genetic research studies for research or educational purposes if no individual subject is identified.
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(2) If specific informed consent from the individual has been obtained in writing, the individual may be identified.
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