50-19-206. Genetic material related to newborn screening — limitations — retention. (1) Genetic material obtained to conduct the newborn screenings required under this part may not be used for any purposes other than the required screenings unless a parent or guardian consents in writing to use of the material for other purposes.

Terms Used In Montana Code 50-19-206

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Newborn: means an infant under 28 days of life. See Montana Code 50-19-201
  • Person: means an individual, firm, partnership, association, corporation, or other entity, whether organized for profit or not. See Montana Code 50-19-201
  • Writing: includes printing. See Montana Code 1-1-203

(2)A parent or guardian may request at any time that blood or other samples obtained for the screenings be destroyed:

(a)at any time after the initial test is completed, if the test results are within a normal range; or

(b)no sooner than 30 days after a test is completed, if the test results are outside of a normal range.

(3)The facility in which a child is born or newborn care is provided or the person responsible for registration of the birth of a newborn shall inform parents or guardians in writing of their rights under this section at or before the time of collection of any samples for newborn screenings. The notification must include information on how to submit a request for destruction of the samples.