CHAPTER 230

SB 240 - FINAL VERSION

03/09/2023   0579s

8Jun2023... 1954h

2023 SESSION

23-0991

05/04

SENATE BILL 240

AN ACT relative to conditions for genetic testing.

SPONSORS: Sen. Prentiss, Dist 5; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Rep. Cormen, Graf. 15; Rep. Morse, Graf. 9

COMMITTEE: Health and Human Services

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AMENDED ANALYSIS

This bill permits disclosure of genetic testing or genetic analysis to clinical entities participating in the clinical care of the patient.  The bill clarifies that specific informed consent from the patient is required when such disclosure is made for clinical research purposes.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/09/2023   0579s

8Jun2023... 1954h 23-0991

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to conditions for genetic testing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

230:1  Conditions of Genetic Testing.  RSA 141-H:2, IV is repealed and reenacted to read as follows:

IV.(a)  Nothing in this section shall limit genetic testing or genetic analysis used for diagnosis and treatment of a consenting patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory.

(b)  This section allows for the disclosure of genetic testing or genetic analysis to entities participating in the clinical care of the patient.  

(c)  Nothing in this section shall be construed to waive the requirement that the treating physician obtain specific informed patient consent in accordance with the provisions of this section for clinical research.

230:2  Effective Date.  This act shall take effect 60 days after its passage.

Approved: August 04, 2023

Effective Date: October 03, 2023