Law / United States / Oklahoma

Storage of a newborn's DNA prohibited without parental consent

Storage of Newborn's DNA, Okla. Stat. tit. 21, Sec. 1175

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In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Consent, Prohibition

As of .

What it requires

  • If you are a laboratory, medical facility, hospital or birthing place, do not store, transfer, use or database the DNA of any newborn child without express parental consent (section 1175 of Title 21).

These lines are LexLint's reading of the law's text, as of .

If you get it wrong

Criminal exposureYes

Criminal exposure note

Section 21 of Title 21 makes a prohibited act a misdemeanor where no statute imposes a penalty. Section 10 of Title 21 punishes a misdemeanor, unless a different punishment is prescribed, by imprisonment in the county jail not exceeding one year, a fine not exceeding $500, or both.

What this law does

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Research summary

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A laboratory, medical facility, hospital or birthing place is prohibited from the unauthorized storage, transferring, use or databasing of DNA from any newborn child without express parental consent. Section 21 of Title 21 provides that where the performance of an act is prohibited by any statute, and no penalty for the violation of the statute is imposed in any statute, the doing of the act is a misdemeanor.

Section 10 of Title 21 provides that, except where a different punishment is prescribed, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both. Section 1175 of Title 21 was enacted by Laws 2010, SB 1250, c.246, section 1, with an emergency effective date of .

When LexLint raises it

When your app profile says your app processes biometric data.

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