Sec. 546.054. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS


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  • 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. 1274, Sec. 2, eff. April 1, 2005.