Section 38-93-40 - Confidentiality; disclosure restrictions and exceptions(A) All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual or a person legally authorized to consent on behalf of the individual, except that genetic information may be disclosed without consent: (1) as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by Section 23-3-610;(2) to determine the paternity of a person pursuant to Section 63-17-30;(3) pursuant to an order of a court of competent jurisdiction specifically ordering disclosure of the genetic information;(4) where genetic information concerning a deceased individual will assist in medical diagnosis of blood relatives of the decedent;(5) to a law enforcement or other authorized agency for the purpose of identifying a person or a dead body; or(6) as specifically authorized or required by a state or federal statute.(B) A health insurance issuer may not require an individual to consent to the disclosure of genetic information to the issuer as a condition for obtaining health insurance coverage.Amended by 2010 S.C. Acts, Act No. 217 (SB 1224), s 14, eff. 6/7/2010. Prior laws:1998 Act No. 369, Section 1; 1976 Code Section 38-93-30.