Tex.
Bus. & Com. Code Section 503A.006
Required Consent
(a)
A direct-to-consumer genetic testing company engaging in any of the following activities must obtain:(1)
an individual’s separate express consent for:(A)
the transfer or disclosure of the individual’s genetic data to any person other than the company’s vendors and service providers;(B)
the use of genetic data for a purpose other than the primary purpose of the company’s genetic testing product or service; or(C)
the retention of any biological sample provided by the individual following the company’s completion of the initial testing service requested by the individual;(2)
an individual’s informed consent in accordance with guidelines for the protection of human subjects issued under 45 C.F.R. Part 46, for transfer or disclosure of the individual’s genetic data to a third party for:(A)
research purposes; or(B)
research conducted under the control of the company for the purpose of publication or generalizable knowledge; and(3)
an individual’s express consent for:(A)
marketing by the company to the individual based on the individual’s genetic data; or(B)
marketing by a third party to the individual based on the individual’s ordering or purchasing of a genetic testing product or service.(b)
For purposes of Subsection (a), “marketing” does not include providing customized content or offers to an individual with whom a direct-to-consumer genetic testing company has a first-party relationship on the company’s Internet website or through an application or service provided by the company to the individual.
Source:
Section 503A.006 — Required Consent, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.503A.htm#503A.006 (accessed Jun. 5, 2024).
