Privacy Law Library

Predictive Genetic Testing Informed Consent

Nebraska Genetic Testing Informed Consent Law

Genetic · Health

Nebraska requires written informed consent before a physician orders a predictive genetic test. The consent must explain the test's purpose and limits, future uses of the sample and genetic information, who can access them, and the patient's right to confidential treatment.

Where
Nebraska
Citation
Neb. Rev. Stat. 71-551
Status
In force
Enforced by
Not stated in the section (professional regulation by the Department of Health and Human Services)
People can sue
Limited
Penalties
No penalty stated; a patient who signs the state model consent form is barred from suing the ordering physician for failure to obtain informed consent (71-551(4)).
Applies to
  • Physicians and individuals acting under a physician's delegated authority who order predictive genetic tests (71-551(1))
  • Excludes newborn screening and diagnostic testing of symptomatic patients (71-551(1), (6)(c))

What a privacy notice must say

  • Before ordering a predictive genetic test, obtain the patient's signed written informed consent confirming explanation of the test's nature, purpose, effectiveness, limits, and implications.Neb. Rev. Stat. 71-551(1)(a)-(c)
  • Explain future uses of the sample and genetic information, who will have access, how results will be communicated, and the patient's right to confidential treatment of the sample and information.Neb. Rev. Stat. 71-551(1)(d)-(f)

Other duties

  • Give the patient a copy of a signed model consent form and place the original in the medical record.Neb. Rev. Stat. 71-551(3) · Only if: If the DHHS model form is used

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: effective_date null: originally Laws 2001, LB 432, amended 2003-2007; dates not confirmed.

Research reference, not legal advice.