HARRY HUGHES, Governor

2817

(1)  Require that, before an individual participates
in a hereditary AND CONGENITAL [disorder] DISORDERS program, the
person who conducts the program shall inform the individual or,
if the individual is a minor or disabled person, a parent or
guardian of the person of the requirement that participation in
the program be wholly voluntary and of any risk that is involved
in participation;

(2)  Prohibit the testing of an individual for a
hereditary OR CONGENITAL disorder unless the individual or,   if
the individual is a minor or disabled person, a parent or
guardian of the person:

(i) Is informed fully of the purpose of the
test and the nature and consequences of being [a carrier of a
hereditary disorder] AFFECTED BY A HEREDITARY OR CONGENITAL
DISORDER OR BEING A CARRIER OF A HEREDITARY DISORDER;

(ii) Is given a reasonable opportunity to
object; and

(iii) Does not object to the test; and

(3)  Require unambiguous diagnostic results to be made
available through a physician or other source of health care to
the individual or, if the individual is a minor or disabled
person, to a parent or guardian of the person.

(f)  The rules, regulations, and standards of the
[Commission] DEPARTMENT shall provide that a hereditary AND
CONGENITAL [disorder] DISORDERS program may not:

(1)  Require participation in the program;

(2)  Require restriction of childbearing; or

(3)  Be prerequisite for eligibility for any service
or other program.

(g)  The rules, regulations, and standards of the
[Commission] DEPARTMENT shall provide that:

(1)  Each participant in a hereditary AND CONGENITAL
[disorder] DISORDERS program shall be:

(i) Protected from undue physical or mental
harm; and

(ii) Informed of the nature, cost, benefits,
and risks of any therapy or maintenance program available for an
individual affected by a hereditary OR CONGENITAL disorder; and

(2)  Each participant in a screening program for a
hereditary OR CONGENITAL disorder shall have available counseling
services that: