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The IRB board appointed to oversee research on the stored bloodspots consists almost entirely of State employees. Harrington says that makes the process questionable.

“This is not a true independent professional review board,” he said.

Perhaps most concerning, is the confidentiality clauses added to the new law that were designed to protect the identity of the newborns. The law states that reports, records and information obtained or developed by the department are confidential and are exempt from the Texas Public Information Act, and are not subject to subpoena.

In addition, anyone involved in the program, including state employees or employees of a contractor or subcontract can be compelled to testify in any kind of judicial proceeding as to the existence or contents of any records, reports or information.

The law does not allow for public disclosure of information such as who is involved and what kind of research is being conducted using the stored blood samples.