This chapter does not apply to any of the following:
(1) A covered entity or business associate as those terms are defined in 45 C.F.R. Parts 160 and 164.
(2) The collection, use, or retention of biological samples or genetic data for noncommercial purposes, including for research and instruction, by a public or private institution of higher learning or any entity owned or operated by a public or private institution of higher learning.
(3) Biological samples or genetic data lawfully obtained by law enforcement pursuant to a criminal investigation.