Amendment No. CA29

Conference Committee Amendment to Assembly Bill No. 238 Second Reprint (BDR 40-72)

Proposed by: First Conference Committee

Amendment Box: Resolves conflict with S.B. No. 210. Makes substantive changes.

Resolves Conflicts with: SB210

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 7, page 2, by deleting lines 18 through 26 and inserting:

"2. The state board of health shall adopt regulations to carry out the provisions of sections 3 to 9, inclusive, of this act. The regulations must:

(a) Establish a procedure to inform a patient that his name will be used for research and referrals to related services unless he requests the exclusion of his name from the system; and

(b) Require the exclusion from the system of the name of a patient if the patient or, if the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from the system.".

Amend sec. 8, page 3, by deleting lines 1 and 2 and inserting:

"the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from".

Amend sec. 17, page 8, line 29, after "therapy" by inserting:

"and listed on a transplant list generally recognized in the medical field".

Amend sec. 18, page 8, line 34, by deleting "458.360," and inserting "458.350,".

Amend sec. 18, page 8, line 38, by deleting "458.360," and inserting "458.350,".

Amend sec. 18, page 8, line 40, by deleting "such" and inserting "that".

Amend sec. 18, page 9, line 1, by deleting "458.360," and inserting "458.350,".

Amend sec. 18, page 9, line 4, by deleting "458.360," and inserting "458.350,".

Amend the bill as whole by renumbering sections 20 through 22 as sections 21 through 23 and adding a new section designated sec. 20, following sec. 19, to read as follows:

"Sec. 20. NRS 629.171 is hereby amended to read as follows:

629.171 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, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed:

1. To conduct a criminal investigation, an investigation concerning the death of a person, or a criminal or juvenile proceeding;

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. Pursuant to an order of a court of competent jurisdiction;

5. By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

6. To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

7. To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law;

8. To carry out the provisions of sections 3 to 9, inclusive, of this act; or

[8.] 9. By an agency of criminal justice pursuant to NRS 179A.075.".

Amend sec. 22, page 10, by deleting line 7 and inserting:

"Sec. 23. Sections 10, 13, 18 and 20 of this act become effective at 12:01 a.m.".