NEVADA

Confidentiality of Health Information

• Nevada prohibits the release of laboratory results to third parties: A licensed laboratory may release the results of tests performed at the laboratory regarding a patient of a rural hospital only to the patient, the physician who ordered the tests and a health care provider currently treating or providing assistance in the treatment of the patient. [Nevada Revised Statutes Section 652.193.]
• “Health care records” defined. “Health care records” means any reports, notes, orders, Photographs, X-rays or other recorded data or information whether maintained in written, electronic or other form which is received or produced by a provider of health care, or any person employed by him, and contains information relating to the medical history, examination, diagnosis or treatment of the patient. [Nevada Revised Statutes 629.021]

Conditions Imposed on Genetic Testing/Use of Genetic information

Conditions are imposed on the use, retention, and collection of genetic information. [Nevada Revised Statutes Annotated 629.161]

A person who has authorized another person to retain his genetic information may request that person to destroy the genetic information. The information must be destroyed unless it is necessary to conduct a criminal investigation or for a medical facility to maintain a medical record of the person, authorized by a court order, or required by law. [Nevada Revised Statutes Annotated 629.161]

It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in an identifying manner without first obtaining the informed consent of that person his legal guardian (exceptions apply). [Nevada Revised Statutes Annotated 629.171]

The law includes several exceptions permitting retention and use, including for research purposes “where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study.” [Nevada Revised Statutes Annotated 629.121(4)].

HMOs may not require enrollees to take genetic tests. [Nevada Revised Statutes Annotated 695C.207].

Permitted Releases of Health Information or Genetic Information for Research

Genetic information may be retained and uses for research purposes where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study. [Nevada Revised Statute 629.121 (4)]

Definition of Genetic Test/Genetic Information

“Genetic test” defined. “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

1. Are linked to physical or mental disorders or impairments; or
2. Indicate a susceptibility to illness, disease, impairment, or any other disorder, whether physical or mental.

[Nevada Revised Statutes Annotated 629.121]

“Genetic information” means any information that is obtained from a genetic test. [Nevada Revised Statutes Annotated 629.121]