Read the full stored bill text
- 83rd Session (2025)
EMERGENCY REQUEST of Speaker of the Assembly
Assembly Bill No. 589–Assemblymember Yeager
CHAPTER..........
AN ACT relating to privacy; prohibiting a state agency, a local
government or a contractor or grantee of a state agency or
local government from collecting or disclosing autism-related
data under certain circumstances; requiring the Office of the
Governor to biennially review compliance with those
prohibitions; authorizing the establishment of advisory
groups to evaluate and make recommendations concerning
the implementation of those prohibitions; prohibiting the
obtaining, retention, sale or transfer of certain genetic
information or a DNA sample except in certain
circumstances; prohibiting the disclosure of certain genetic
information or related information except in certain
circumstances; prohibiting certain genetic testing except in
certain circumstances; creating a cause of action for certain
unauthorized disclosures of genetic information and certain
unauthorized genetic testing; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various programs to provide benefits and services to
persons with autism spectrum disorders. (NRS 62B.700, 388.449, 391A.250 -
391A.270, 422.27497, 427A.871-427A.8803, chapter 435 of NRS) Sections 2-9 of
this bill establish protections for the privacy of autism -related data maintained by
state agencies, local governments and contractors and grantees thereof. Sections 3-
5 define certain terms, and section 2 establishes the applicability of those
definitions. Section 6 prohibits a state agency, local government or contractor or
grantee thereof acting within the scope of the contract or grant from collecting
autism-related data except for certain purposes rela ting to: (1) the provision of
benefits or services to persons who have or are suspected of having autism
spectrum disorders; and (2) compliance with , or ensuring compliance with,
applicable law. Section 7 prohibits a state agency or local government from
disclosing autism -related data to outside persons or entities except: (1) with the
informed consent of the person to whom the autism -related data pertains or his or
her legal guardian; (2) to comply with certain legal requirements; or (3) where
necessary to provide services or supports to the person to whom the autism -related
data pertains. Section 7 prohibits a contractor or grantee of a state agency or local
government from disclosing autism -related data obtained from the state agency or
local government o r obtained within the scope of the contract or grant except in
those authorized circumstances. Section 9 makes a conforming change to indicate
that autism -related data in the possession of a state agency, local government or
contractor or grantee thereof is not a public record. Section 8 requires the Office of
the Governor to perform a biennial review of compliance by the Executive
Department of State Government and the contractors and grantees thereof with the
requirements of sections 6 and 7. Section 8 also authorizes the Director of the
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Department of Health and Human Services to appoint time -limited advisory groups
to evaluate and provide recommendations concerning the implementation of
sections 2-8.
Except where the person to whom genetic information pe rtains or his or her
legal guardian provides informed consent or in certain other circumstances, existing
law makes it a misdemeanor to obtain, retain or disclose genetic information
obtained from a genetic test conducted to determine the presence of certa in
abnormalities or deficiencies. (NRS 629.101 -629.201) Section 14 of this bill
broadens the information to which those provisions apply to include information
obtained from any test to derive and interpret data related to the genetic
characteristics of a person. Sections 16 and 17 of this bill additionally make it a
misdemeanor to obtain or retain a DNA sample under circumstances where it is
currently a misdemeanor to obtain or retain genetic information. Sections 18 and
20 of this bill make the unauthorized disclosure of the identity of a person who was
the subject of a genetic test or of genetic information a category E felony. Section
18 additionally makes it a category E felony to intentionally submit the DNA
sample of another person for a genetic test or perform or cause the performance of a
genetic test on the DNA sample of another person without the informed consent of
that person or his or her legal guardian, except in certain circumstances. Section 21
of this bill authorizes a person injured by such unauthorized genetic testing to bring
a civil action. Section 12 of this bill newly establishes a category D felony for
intentionally selling or otherwise transferring the DNA sample or genetic
information of a person to another person or entity without t he informed consent of
the person from whom the sample was taken or to whom the genetic information
pertains, as applicable, or his or her legal guardian, except in certain circumstances.
Section 11 of this bill defines the term “DNA sample,” and section 13 of this bill
establishes the applicability of that definition and certain existing definitions.
Section 15 of this bill makes a conforming change to indicate the applicability of
sections 11 and 12. Section 19 of this bill requires the State Board of Health to
adopt regulations establishing procedures for obtaining informed consent where
required by sections 12 and 16-18.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 237 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 8, inclusive, of this
act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in
sections 3, 4 and 5 of this act have the meanings ascribed to them
in those sections.
Sec. 3. “Autism-related data” means personally identifiable
information which reveals that a person has been diagnosed with
or otherwise determined to have an autism spectrum disorder or is
suspected to have an autism spectrum disorder.
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Sec. 4. “Local government” means a political subdivision of
this State or a quasi-municipal agency and includes, without
limitation, a city, county, local health district, school district or
charter school.
Sec. 5. “State agency” means every public agency, bureau,
board, commission, department or d ivision of the Executive or
Legislative Department of State Government.
Sec. 6. 1. Except as authorized by this section, a state
agency or local government, or a contractor or grantee of a state
agency or local government acting within the scope of the contract
or grant, shall not collect autism-related data.
2. A state agency or local government, or a contractor or
grantee of a state agency or local government acting within the
scope of the contract or grant, may collect autism-related data if
the collection is necessary for:
(a) The administration of a state or federal program to provide
benefits to persons who have or are suspected of having autism
spectrum disorders, including, without limitation:
(1) The payment of providers of care or services to persons
who have or are suspected of having autism spectrum disorders
pursuant to such a program;
(2) The provision of benefits under such a program; or
(3) Ensuring access to or the opportunity to participate in
such a program;
(b) The provision of medical or specialized care or services to
persons who have or are suspected of having autism spectrum
disorders;
(c) The audit or evaluation of a program of education
supported by federal or state money or other measures to ensure
compliance with federal or state law concerning such a program;
or
(d) Compliance with , or ensuring compliance with, state or
federal law.
3. Any collection of autism -related data pursuant to
subsection 2 must be performed in accordance with all applicable
state and federal laws, including, without limitation, t he Health
Insurance Portability and Accountability Act of 1996, Public Law
104-191, and any applicable regulations adopted pursuant thereto.
Sec. 7. 1. Except as authorized by this section:
(a) A state agency or local government shall not disclose
autism-related data to any person or entity outside of the state
agency or local government except for a contractor or grantee of
the state agency or local government.
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(b) A contractor or grantee of a state agency or local
government shall not disclose autism -related data obtained from
the state agency or local government or obtained within the scope
of the contract or grant to any person or entity other than the state
agency or local government.
2. Except as otherwise provided in subsection 3, a state
agency or local government, or a contractor or grantee of a state
agency or local government, may disclose autism -related data
under the circumstances described in subsection 1 if:
(a) The state agency, local government, contractor or grantee,
as applicable, obtains the informed written consent of the person
to whom the autism -related data pertains or his or her legal
guardian for the specific disclosure;
(b) The disclosure is required by an order or subpoena issued
by a court of competent jurisdiction;
(c) The disclosure is necessary to provide services or supports
to the person to whom the autism -related data pertains, including,
without limitation, service s or supports related to education,
medical care or housing; or
(d) The disclosure is required to comply with state or federal
law.
3. Any disclosure made pursuant to subsection 2 must involve
the minimum amount of autism -related data necessary for the
purpose for which the autism -related data is being disclosed. A
state agency or local government, or a contractor or grantee of a
state agency or local government, shall not disclose autism -related
data pursuant to subsection 2 that reveals the name of the person
to whom the autism -related data pertains if the disclosure of de -
identified data will achieve the purpose for which the data is being
disclosed.
4. As used in this section, “informed written consent” means
the voluntary, written authorization by a person to whom autism -
related data pertains, or his or her legal guardian, for a state
agency or local government, or a contractor or grantee of a state
agency or local government, to disclose the autism -related data
after being clearly informed of the n ature, scope, purpose, risks
and potential consequences of the disclosure.
Sec. 8. 1. On or before July 1 of each even -numbered year,
the Office of the Governor shall:
(a) Review compliance by the Executive Department of State
Government and the grantees and contractors thereof with the
requirements of sections 6 and 7 of this act; and
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(b) Make recommendations to agencies of the Executive
Department and the Legislature as necessary to protect autism -
related data and support the use of de -identified information for
research relating to autism spectrum disorders.
2. The Director of the Department of Health and Human
Services may appoint time-limited advisory groups of at least 5 and
not more than 13 persons to evaluate and provide
recommendations concerning the implementation of sections 2 to
8, inclusive, of this act. Each member of such an advisory group
must be:
(a) An officer or employee of a state agency or local
government;
(b) A person with an autism spectrum disorder or a family
member of such a person;
(c) An expert in data privacy; or
(d) An attorney who advocates for the rights of persons with
disabilities.
3. Members of an advisory group appointed pursuant to
subsection 2 serve without compensation.
4. A member of an advisory group appointed pursuant to
subsection 2 who is an officer or employee of a state agency or
local government must be relieved from his or her duties without
loss of regular compensation to prepare for and attend meetings of
the advisory group and perform any work necessary to carry out
the duties of the advisory group in the most timely manner
practicable. A state agency or local government shall not require
an officer or employee who is a member of the advisory group to:
(a) Make up the time he or she is absent from work to carry
out his or her duties as a member of the advisory group; or
(b) Take annual leave or compensatory time for the absence.
Sec. 9. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026 , 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 15 9A.044, 164.041, 172.075, 172.245,
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176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 20 9.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.4 95, 228.570,
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.11 8, 287.0438, 289.025, 289.080, 289.387, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 3 38.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379. 1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 3 93.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.05 0, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
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463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 4 84B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315 ,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 6 37B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A. 262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 6 79B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section 7 of this act, sections 35, 38 and 41 of chapter
478, Statutes of Nevada 2011 an d section 2 of chapter 391, Statutes
of Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
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general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity sh all provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a government al entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
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Sec. 10. Chapter 629 of NRS is hereby amended by adding
thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. “DNA sample” means any human biological
specimen from which deoxyribonucleic acid is capable of being
extracted or any deoxyribonucleic acid extracted from such a
specimen.
Sec. 12. 1. Except as otherwise provided in subsection 2, it
is unlawful to intentionally sell or otherwise transfer the DNA
sample or genetic information of a person without first obtaining
the informed consent of the person or his or her legal guardian
pursuant to NRS 629.181 , regardless of whether the DNA sample
or genetic information was originally collected, retained or
analyzed with such informed consent.
2. A person or entity may transfer the DNA sample or genetic
information of a person to another person or entity without first
obtaining the informed consent of the person or his or her legal
guardian pursuant to NRS 629.181:
(a) To conduct a criminal investigation, an investigation
concerning the death of a person or a criminal or juvenile
proceeding;
(b) To determine the parentage or identity of a person
pursuant to NRS 56.020;
(c) To determine the paternity of a person pur suant to NRS
126.121 or 425.384;
(d) Pursuant to an order of a court of competent jurisdiction;
(e) If the transfer is made by a physician and is of the DNA
sample or genetic information of a deceased person that will assist
in the medical diagnosis of persons related to the deceased person
by blood;
(f) To a federal, state, county or city law enforcement agency
to establish the identity of a person or dead human body;
(g) To determine the presence of certain preventable or
inheritable disorders in an infant pursuant to NRS 442.008 or a
provision of federal law;
(h) To carry out the provisions of NRS 442.300 to 442.330,
inclusive;
(i) If the transfer is made by an agency of criminal justice
pursuant to NRS 179A.075;
(j) Pursuant to NRS 176.0911 to 176.0919, inclusive; or
(k) As permitted by the Health Insurance Portability and
Accountability Act of 1996, Public Law 104 -191, and the
regulations adopted pursuant thereto.
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3. A person who violates this section is guilty of a category D
felony and shall be punished as provided in NRS 193.130.
Sec. 13. NRS 629.101 is hereby amended to read as follows:
629.101 As used in NRS 629.101 to 629.201, inclusive, and
sections 11 and 12 of this act, unless the context otherwise requires,
the words and terms defined in NRS 629.111 and 629.121 and
section 11 of this act have the meanings ascribed to them in those
sections.
Sec. 14. NRS 629.121 is hereby amended to read as follows:
629.121 “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 derive and interpret data related to the
genetic characteristics of a person, including, without limitation,
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.
Sec. 15. NRS 629.131 is hereby amended to read as follows:
629.131 1. The provisions of NRS 629.101 to 629.201,
inclusive, and sections 11 and 12 of this act do not apply to any
action taken by an insurer or a third-party administrator relating to a
policy that provides coverage for long -term care or disability
income.
2. As used in this section, “third -party administrator” has the
meaning ascribed to it in NRS 616A.335.
Sec. 16. NRS 629.151 is hereby amended to read as follows:
629.151 It is unlawful to obtain any DNA sample or genetic
information of a person without first obtaining the informed consent
of the person or the person’s legal guardian pursuant to NRS
629.181, unless the sample or information , as applicable, is
obtained:
1. By a federal, state, county or city law enforcement agency to
establish the identity of a person or dead human body;
2. To determine the parentage or identity of a person pursuant
to NRS 56.020;
3. To determine the paternity of a person pursuant to NRS
126.121 or 425.384;
4. For use in a st udy where the identities of the persons from
whom the DNA sample or genetic information , as applicable, is
obtained are not disclosed to the person conducting the study;
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5. To determine the presence of certain preventable or
inheritable disorders in an infant pursuant to NRS 442.008 or a
provision of federal law; [or]
6. Pursuant to an order of a court of competent jurisdiction [.] ;
or
7. Pursuant to NRS 176.0911 to 176.0919, inclusive.
Sec. 17. NRS 629.161 is hereby amended to read as follows:
629.161 1. It is unlawful to retain the DNA sample of a
person or genetic information that identifies a person, without first
obtaining the informed consent of the person or the person’s legal
guardian pursuant to NRS 629.181, unless retention of the DNA
sample or genetic information is:
(a) Authorized or required pursuant to NRS 439.597;
(b) Necessary to conduct a criminal investigation, an
investigation concerning the death of a person or a criminal or
juvenile proceeding;
(c) Authorized pursuant to an order of a court of competent
jurisdiction; [or]
(d) Necessary for a medical facility to maintain a medical record
of the person [.] ; or
(e) Authorized or required pursuant to NRS 176.0911 to
176.0919, inclusive.
2. A person who has authorized another person to retain his or
her DNA sample or genetic information may request that person to
destroy the DNA sample or genetic information [.] , as applicable.
If so requested, the person who retains that DNA sample or genetic
information shall destroy the sample or information, as applicable,
unless retention of that sample or information is:
(a) Authorized or required pursuant to NRS 439.597;
(b) Necessary to conduct a criminal investigation, an
investigation concerning the death of a person or a criminal or
juvenile proceeding;
(c) Authorized by an order of a court of competent jurisdiction;
(d) Necessary for a medical facility to maintain a medical record
of the person; or
(e) Authorized or required by state or federal law or regulation.
3. Except as otherwise provided in subsection 4 or by federal
law or regulation, a person who obtains the DNA sample or genetic
information of a person for use in a study shall destroy that sample
or information upon:
(a) The completion of the study; or
(b) The withdrawal of the person from the study,
whichever occurs first.
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4. A person whose DNA sample or genetic information is used
in a study may authorize the person who conducts the study to retain
that DNA sample or genetic information , as applicable, after the
study is completed or upon his or her withdrawal from the study.
Sec. 18. NRS 629.171 is hereby amended to read as follows:
629.171 1. 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 a manner
that allows identification of the person, to intentionally submit the
DNA sample of another person for a genetic test or to
intentionally perform or cause the performance of a genetic test
on the DNA sample of another person without first obtaining the
informed consent of that person or his or her legal guardian pursuant
to NRS 629.181, unless the information is disclosed [:
1.] or the genetic test is performed:
(a) To conduct a criminal investig ation, an investigation
concerning the death of a person or a criminal or juvenile
proceeding;
[2.] (b) To determine the parentage or identity of a person
pursuant to NRS 56.020;
[3.] (c) To determine the paternity of a person pursuant to NRS
126.121 or 425.384;
[4.] (d) Pursuant to an order of a court of competent
jurisdiction;
[5.] (e) By a physician and is the genetic information or a
genetic test of the DNA sample of a deceased person that will assist
in the medical diagnosis of persons related to the deceased person
by blood;
[6.] (f) To a federal, state, county or city law enforcement
agency to establish the identity of a person or dead human body;
[7.] (g) To determine the presence of certain preventable or
inheritable disorders in an infant pursuant to NRS 442.008 or a
provision of federal law;
[8.] (h) To carry out the provisions of NRS 442.300 to 442.330,
inclusive;
[9.] (i) By an agency of criminal justice pursuant to NRS
179A.075; [or]
(j) Pursuant to NRS 176.0911 to 176.0919, inclusive; or
[10.] (k) As permitted by the Health Insurance Portability and
Accountability Act of 1996, Public Law 104 -191, and the
regulations adopted pursuant thereto.
2. A person who violates this section is guilty of a category E
felony and shall be punished as provided in NRS 193.130.
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Sec. 19. NRS 629.181 is hereby amended to read as follows:
629.181 1. Except as otherwise provided in subsection 2, the
State Board of Health shall by regulation:
(a) Establish a procedure for obtaining the informed consent of a
person pursuant to NRS 629.101 to 629.201, inclusive [;] , and
sections 11 and 12 of this act; and
(b) Prescribe a form for use in obtaining the informed consent of
a person. The form must include:
(1) Information relating to the use and confidentiality of the
DNA sample or genetic information of the person set forth in NRS
629.101 to 629.201, inclusive [;] , and sections 11 and 12 of this
act; and
(2) Any other information the State Board of Health may
prescribe.
2. The State Board of Health is not required to adopt
regulations establishing a procedure for obtaining the informed
consent of a person pursuant to NRS 629.101 to 629.201, inclusive,
and sections 11 and 12 of this act, if the procedure for obtaining
that consent is required by federal law or regulation.
Sec. 20. NRS 629.191 is hereby amended to read as follows:
629.191 A person who violates any of the provisions of NRS
629.151 [,] or 629.161 [or 629.171] is guilty of a misdemeanor.
Sec. 21. NRS 629.201 is hereby amended to read as follows:
629.201 Any person who suffers an injury as a result of [the
disclosure of his or her genetic information by another person in ] a
violation of NRS 629.171 may bring a civil action for the recovery
of his or her actual damages, including costs and attorney’s fees.
Sec. 22. 1. The provisions of sections 2 to 9, inclusive, of
this act apply to any autis m-related data in the possession of a state
agency, a local government or a contractor or grantee of a state
agency or local government on or after the effective date of this
section, regardless of when the autism-related data was obtained.
2. As used in this section:
(a) “Autism-related data” has the meaning ascribed to it in
section 3 of this act.
(b) “Local government” has the meaning ascribed to it in section
4 of this act.
(c) “State agency” has the meaning ascribed to it in section 5 of
this act.
Sec. 23. 1. The provisions of sections 11 to 21, inclusive, of
this act apply to any genetic information or DNA sample in
existence on or after October 1, 2025, regardless of when the genetic
information or DNA sample, as applicable, was obtained.
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2. As used in this section:
(a) “DNA sample” has the meaning ascribed to it in section 11
of this act.
(b) “Genetic information” means any information that is
obtained from a genetic test.
(c) “Genetic test” has the meaning ascribed to it in NRS
629.121, as amended by section 14 of this act.
Sec. 24. Notwithstanding the provisions of NRS 218D.430
and 218D.435, a committee may vote on this act before the
expiration of the period prescribed for the return of a fiscal note in
NRS 218D.475. This section applies retroactively from and after
May 15, 2025.
Sec. 25. 1. This section and sections 1 to 9, inclusive, 22 and
24 of this act become effective upon passage and approval.
2. Sections 10 to 21, inclusive, and 23 of this act become
effective on October 1, 2025.
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