§ 12-1.5-10 - Procedures for conduct, disposition and use of DNA analysis.

SECTION 12-1.5-10

   § 12-1.5-10  Procedures for conduct,disposition and use of DNA analysis. – The department of health shall promulgate procedures to be used in thecollection, submission, identification, analysis, storage and disposition ofDNA samples and typing results of DNA samples submitted under this chapter.These procedures shall meet or exceed the current standards for qualityassurance and proficiency testing for DNA analysis issued by the F.B.I. All DNAsample typing results, all DNA records and all DNA samples shall be securelystored in the state of Rhode Island DNA database and DNA databank respectively,in the following manner:

   (1) All DNA sample typing results and the DNA records shallbe stored in a computer database after all personal identifiers have beenremoved. Further, these records shall be accessed only through the use of anencryption code. The encryption code shall be confidential and only thosepersons authorized by the department of health and charged withresponsibilities under this chapter shall have access to these records andshall be given the encryption code.

   (2) All DNA samples shall be securely locked, with a codedlocking system, in a DNA databank at the department of health and only thedirector of the department of health and the head of the DNA laboratory shallhave access to these DNA samples to carry out the provisions of this chapter.

   (3) The department of health is authorized to contract withthird parties for purposes of creating a DNA record only. Any third partycontracting to carry out the functions of this chapter shall be subject to thesame restrictions and requirements of this chapter, and DNA samples provided tothird parties pursuant to this section shall have all personal identificationremoved.

   (4) Except as otherwise provided in § 12-1.5-11, DNAsamples and DNA records collected under this chapter shall be used only for lawenforcement identification purposes or to assist in the recovery ofidentification of human remains from disasters or for other humanitarianidentification purposes, including identification of missing persons; and

   (5) DNA samples and DNA records collected under this chaptershall never be used under the provisions of this chapter for the purpose ofobtaining information about physical characteristics, traits or predispositionsfor disease.