P.R. Laws tit. 29, § 1353
To ensure the protection of the confidentiality of the information, all employers, employment agencies, labor organizations, or management committees that possess the genetic information of an employee shall maintain such information in separate files and shall treat it as confidential medical records. This information may be disclosed under various circumstances such as:
(1) The employee himself knowingly provides express written authorization for the disclosure of the information because he is receiving a service or treatment.
(2) To an occupational health researcher, if the research is conducted in compliance with the federal regulations in Title 45 of the Code of Federal Regulations.
(3) In response to an order of a court with jurisdiction provided that:
(a) The employer, employment agency, or labor organization only disclose the genetic information specified in the order; and
(b) That the employer, employment agency, or labor organization inform the employee that the information is being disclosed pursuant to a court order.
(4) To government personnel who are investigating an issue under this chapter; and
(5) The disclosure is requested pursuant to the health certification provisions for the granting of a family medical leave, in accordance with the Family Medical Leave Act, Pub. L. 103-3, 29 U.S.C. sec. 2601; the Health Insurance Portability and Accountability Act, Pub. L. 104-191, 110 Stat. 1936, better known as the HIPAA Act; as well as with §§ 411-413 of this title, known as the “Health Certification Act of Puerto Rico”.
(6) To a federal or state public health agency for the sole purpose of learning relevant information to diagnose any contagious disease or other condition that affects the life and safety of the person.
History —Sept. 9, 2013, No. 107, § 3.