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S1423aa....................................................by STATE AFFAIRS
GENETIC TESTING - PRIVACY - Adds to and amends existing law relating to
genetic testing privacy to provide a short title; to define terms; to set
forth restrictions regarding genetic testing information applicable to
employers; to provide for enforcement; and to prohibit insurers from
discriminating on the basis of genetic information for certain purposes.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/10 To 14th Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Broadsword
Title apvd - to House
03/21 House intro - 1st rdg - to Bus
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
Rls susp - PASSED - 65-0-5
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Clark, Henbest, Henderson, Smylie
Floor Sponsor - Shepherd(2)
Title apvd - to Senate
03/28 To enrol
03/29 Rpt enrol - Pres signed - Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 293
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1423
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GENETIC TESTING PRIVACY; AMENDING TITLE 39, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 83, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT
4 TITLE, TO DEFINE TERMS, TO SET FORTH RESTRICTIONS REGARDING GENETIC TEST-
5 ING INFORMATION APPLICABLE TO EMPLOYERS, TO PROVIDE FOR A PRIVATE RIGHT OF
6 ACTION AND TO PROVIDE FOR ENFORCEMENT; AND AMENDING SECTION 41-1313, IDAHO
7 CODE, TO PROHIBIT INSURERS FROM DISCRIMINATING ON THE BASIS OF A GENETIC
8 TEST OR PRIVATE GENETIC INFORMATION FOR CERTAIN PURPOSES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 83, Title 39, Idaho Code, and to read as follows:
13 CHAPTER 83
14 GENETIC TESTING PRIVACY ACT
15 39-8301. SHORT TITLE. This chapter shall be known and may be cited as the
16 "Genetic Testing Privacy Act."
17 39-8302. DEFINITIONS. As used in this chapter:
18 (1) "Blood relative" means a person's biologically related parent, grand-
19 parent, child, grandchild, sibling, uncle, aunt, nephew, niece or first
20 cousin.
21 (2) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes
22 which may be analyzed to detect heritable diseases or conditions, including
23 the identification of carriers, predicting risk of disease, or establishing a
24 clinical diagnosis.
25 (3) "DNA sample" means any human biological specimen from which DNA can
26 be extracted, or DNA extracted from such specimen.
27 (4) "Employer" means any person, partnership, limited liability company,
28 association, corporation or nonprofit entity that employs one (1) or more per-
29 sons, including the legislative, executive and judicial branches of state gov-
30 ernment; any county, city, or any other political subdivision of the state; or
31 any other separate unit of state or local government.
32 (5) "Genetic analysis" or "genetic test" means the testing or analysis of
33 an identifiable individual's DNA that results in information that is derived
34 from the presence, absence, alteration or mutation of an inherited gene or
35 genes, or the presence or absence of a specific DNA marker or markers.
36 "Genetic analysis" or "genetic test" does not mean:
37 (a) A routine physical examination;
38 (b) A routine chemical, blood or urine analysis;
39 (c) A test to identify the presence of drugs or HIV infection; or
40 (d) A test performed due to the presence of signs, symptoms or other
41 manifestations of a disease, illness, impairment or other disorder.
2
1 (6) "Individual" means the person from whose body the DNA sample origi-
2 nated.
3 (7) "Person" means any person, organization or entity other than the
4 individual.
5 (8) "Private genetic information" means any information about an identi-
6 fiable individual that is derived from the presence, absence, alteration or
7 mutation of an inherited gene or genes, or the presence or absence of a spe-
8 cific DNA marker or markers, and which has been obtained from a genetic test
9 or analysis of the individual's DNA or from a genetic test or analysis of a
10 person's DNA of whom the individual is a blood relative. "Private genetic
11 information" does not include information that is derived from:
12 (a) A routine physical examination;
13 (b) A routine chemical, blood or urine analysis;
14 (c) A test to identify the presence of drugs or HIV infection; or
15 (d) A test performed due to the presence of signs, symptoms or other
16 manifestations of a disease, illness, impairment or other disorder.
17 39-8303. RESTRICTIONS ON EMPLOYERS. (1) Except as provided in subsection
18 (2) of this section, an employer shall not, in connection with a hiring, pro-
19 motion, retention or other related decision:
20 (a) Access or otherwise take into consideration private genetic informa-
21 tion about an individual;
22 (b) Request or require an individual to consent to a release for the pur-
23 pose of accessing private genetic information about the individual;
24 (c) Request or require an individual or his blood relative to submit to a
25 genetic test; or
26 (d) Inquire into or otherwise take into consideration the fact that an
27 individual or his blood relative has taken or refused to take a genetic
28 test.
29 (2) (a) Notwithstanding the provisions of subsection (1) of this section,
30 an employer may seek an order compelling the disclosure of private genetic
31 information held by an individual or third party pursuant to subsection
32 (2)(b) of this section in connection with:
33 (i) An employment-related judicial or administrative proceeding in
34 which the individual has placed his health at issue; or
35 (ii) An employment-related decision in which the employer has a rea-
36 sonable basis to believe that the individual's health condition poses
37 a real and unjustifiable safety risk requiring the change or denial
38 of an assignment.
39 (b) (i) An order compelling the disclosure of private genetic
40 information pursuant to this subsection (2) may only be entered upon
41 a finding that:
42 (A) Other ways of obtaining the private information are not
43 available or would not be effective; and
44 (B) There is a compelling need for the private genetic informa-
45 tion which substantially outweighs the potential harm to the
46 privacy interests of the individual.
47 (ii) An order compelling the disclosure of private genetic informa-
48 tion pursuant to this subsection (2) shall:
49 (A) Limit disclosure to those parts of the record containing
50 information essential to fulfill the objective of the order;
51 (B) Limit disclosure to those persons whose need for the infor-
52 mation is the basis of the order; and
53 (C) Include such other measures as may be necessary to limit
54 disclosure for the protection of the individual.
3
1 39-8304. PRIVATE RIGHT OF ACTION. (1) An individual whose legal rights
2 arising under this chapter have been violated after July 1, 2006, may recover
3 damages and be granted equitable relief in a civil action.
4 (2) Any employer who violates the legal rights of an individual arising
5 from this chapter shall be liable to the individual for each separate viola-
6 tion in an amount equal to actual damages sustained as a result of the viola-
7 tion and reasonable attorney's fees.
8 39-8305. ENFORCEMENT. (1) Whenever the attorney general has reason to
9 believe that any person is using or is about to use any method, act or prac-
10 tice in violation of the provisions of this chapter, and that proceedings
11 would be in the public interest, the attorney general may bring an action
12 against the person to restrain or enjoin the use of such method, act or prac-
13 tice.
14 (2) In addition to restraining or enjoining the use of a method, act or
15 practice, the court may, after July 1, 2006, require the payment of:
16 (a) A civil fine of not more than twenty-five thousand dollars ($25,000)
17 for each separate intentional violation; and
18 (b) Reasonable costs of investigation and litigation, including reason-
19 able attorney's fees.
20 SECTION 2. That Section 41-1313, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 41-1313. UNFAIR DISCRIMINATION -- LIFE INSURANCE, ANNUITIES, AND DISABIL-
23 ITY INSURANCE. (1) No person shall make or permit any unfair discrimination
24 between individuals of the same class and equal expectation of life in the
25 rates charged for any contract of life insurance or of life annuity or in the
26 dividends or other benefits payable thereon, or in any other of the terms and
27 conditions of such contract.
28 (2) No person shall make or permit any unfair discrimination between
29 individuals of the same class and of essentially the same hazard in the amount
30 of premium, policy fees, or rates charged for any policy or contract of dis-
31 ability insurance or in the benefits payable thereunder, or in any of the
32 terms or conditions of such contract, or in any other manner whatever.
33 (3) No person shall discriminate on the basis of a genetic test or pri-
34 vate genetic information, as those terms are defined in section 39-8302, Idaho
35 Code, in the issuance of coverage, or the fixing of rates, terms or condi-
36 tions, for any policy or contract of disability insurance or any health bene-
37 fit plan.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Broadsword
Seconded by Kelly
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1423
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 28, following "corporation" insert:
3 ", labor organization, employment agency", also in line 28, delete "one (1)"
4 and insert: "five (5)"; in line 29, delete "sons," and insert: "sons including
5 relatives, and"; on page 2, in line 26, delete "or otherwise take into consid-
6 eration"; and on page 3, delete lines 1 through 19 and insert:
7 "39-8304. ENFORCEMENT. (1) Whenever the attorney general has reason to
8 believe that any employer is engaging, has engaged, or is about to engage in
9 any act in violation of this chapter, the attorney general may bring an action
10 in the name of the state against that employer:
11 (a) To obtain a declaratory judgment that the act violates the provisions
12 of this chapter;
13 (b) To enjoin any act that violates the provisions of this chapter by
14 issuance of a temporary restraining order or preliminary or permanent
15 injunction, without bond, upon the giving of appropriate notice;
16 (c) To recover on behalf of the state and its agencies actual damages or
17 restitution; or
18 (d) To recover civil penalties of up to twenty-five thousand dollars
19 ($25,000) per violation and reasonable expenses, investigative costs and
20 attorney's fees.
21 (2) The penalties provided in this section are in addition to any other
22 available remedy at law or equity.
23 (3) Any civil penalty imposed pursuant to this section shall be deposited
24 in the state general fund.".
25 CORRECTIONS TO TITLE
26 On page 1, in line 5, delete ", TO PROVIDE FOR A PRIVATE RIGHT OF"; and in
27 line 6, delete "ACTION".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1423, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GENETIC TESTING PRIVACY; AMENDING TITLE 39, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 83, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT
4 TITLE, TO DEFINE TERMS, TO SET FORTH RESTRICTIONS REGARDING GENETIC TEST-
5 ING INFORMATION APPLICABLE TO EMPLOYERS AND TO PROVIDE FOR ENFORCEMENT;
6 AND AMENDING SECTION 41-1313, IDAHO CODE, TO PROHIBIT INSURERS FROM DIS-
7 CRIMINATING ON THE BASIS OF A GENETIC TEST OR PRIVATE GENETIC INFORMATION
8 FOR CERTAIN PURPOSES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 83, Title 39, Idaho Code, and to read as follows:
13 CHAPTER 83
14 GENETIC TESTING PRIVACY ACT
15 39-8301. SHORT TITLE. This chapter shall be known and may be cited as the
16 "Genetic Testing Privacy Act."
17 39-8302. DEFINITIONS. As used in this chapter:
18 (1) "Blood relative" means a person's biologically related parent, grand-
19 parent, child, grandchild, sibling, uncle, aunt, nephew, niece or first
20 cousin.
21 (2) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes
22 which may be analyzed to detect heritable diseases or conditions, including
23 the identification of carriers, predicting risk of disease, or establishing a
24 clinical diagnosis.
25 (3) "DNA sample" means any human biological specimen from which DNA can
26 be extracted, or DNA extracted from such specimen.
27 (4) "Employer" means any person, partnership, limited liability company,
28 association, corporation, labor organization, employment agency or nonprofit
29 entity that employs five (5) or more persons including relatives, and includ-
30 ing the legislative, executive and judicial branches of state government; any
31 county, city, or any other political subdivision of the state; or any other
32 separate unit of state or local government.
33 (5) "Genetic analysis" or "genetic test" means the testing or analysis of
34 an identifiable individual's DNA that results in information that is derived
35 from the presence, absence, alteration or mutation of an inherited gene or
36 genes, or the presence or absence of a specific DNA marker or markers.
37 "Genetic analysis" or "genetic test" does not mean:
38 (a) A routine physical examination;
39 (b) A routine chemical, blood or urine analysis;
40 (c) A test to identify the presence of drugs or HIV infection; or
41 (d) A test performed due to the presence of signs, symptoms or other
2
1 manifestations of a disease, illness, impairment or other disorder.
2 (6) "Individual" means the person from whose body the DNA sample origi-
3 nated.
4 (7) "Person" means any person, organization or entity other than the
5 individual.
6 (8) "Private genetic information" means any information about an identi-
7 fiable individual that is derived from the presence, absence, alteration or
8 mutation of an inherited gene or genes, or the presence or absence of a spe-
9 cific DNA marker or markers, and which has been obtained from a genetic test
10 or analysis of the individual's DNA or from a genetic test or analysis of a
11 person's DNA of whom the individual is a blood relative. "Private genetic
12 information" does not include information that is derived from:
13 (a) A routine physical examination;
14 (b) A routine chemical, blood or urine analysis;
15 (c) A test to identify the presence of drugs or HIV infection; or
16 (d) A test performed due to the presence of signs, symptoms or other
17 manifestations of a disease, illness, impairment or other disorder.
18 39-8303. RESTRICTIONS ON EMPLOYERS. (1) Except as provided in subsection
19 (2) of this section, an employer shall not, in connection with a hiring, pro-
20 motion, retention or other related decision:
21 (a) Access or otherwise take into consideration private genetic informa-
22 tion about an individual;
23 (b) Request or require an individual to consent to a release for the pur-
24 pose of accessing private genetic information about the individual;
25 (c) Request or require an individual or his blood relative to submit to a
26 genetic test; or
27 (d) Inquire into the fact that an individual or his blood relative has
28 taken or refused to take a genetic test.
29 (2) (a) Notwithstanding the provisions of subsection (1) of this section,
30 an employer may seek an order compelling the disclosure of private genetic
31 information held by an individual or third party pursuant to subsection
32 (2)(b) of this section in connection with:
33 (i) An employment-related judicial or administrative proceeding in
34 which the individual has placed his health at issue; or
35 (ii) An employment-related decision in which the employer has a rea-
36 sonable basis to believe that the individual's health condition poses
37 a real and unjustifiable safety risk requiring the change or denial
38 of an assignment.
39 (b) (i) An order compelling the disclosure of private genetic
40 information pursuant to this subsection (2) may only be entered upon
41 a finding that:
42 (A) Other ways of obtaining the private information are not
43 available or would not be effective; and
44 (B) There is a compelling need for the private genetic informa-
45 tion which substantially outweighs the potential harm to the
46 privacy interests of the individual.
47 (ii) An order compelling the disclosure of private genetic informa-
48 tion pursuant to this subsection (2) shall:
49 (A) Limit disclosure to those parts of the record containing
50 information essential to fulfill the objective of the order;
51 (B) Limit disclosure to those persons whose need for the infor-
52 mation is the basis of the order; and
53 (C) Include such other measures as may be necessary to limit
54 disclosure for the protection of the individual.
3
1 39-8304. ENFORCEMENT. (1) Whenever the attorney general has reason to
2 believe that any employer is engaging, has engaged, or is about to engage in
3 any act in violation of this chapter, the attorney general may bring an action
4 in the name of the state against that employer:
5 (a) To obtain a declaratory judgment that the act violates the provisions
6 of this chapter;
7 (b) To enjoin any act that violates the provisions of this chapter by
8 issuance of a temporary restraining order or preliminary or permanent
9 injunction, without bond, upon the giving of appropriate notice;
10 (c) To recover on behalf of the state and its agencies actual damages or
11 restitution; or
12 (d) To recover civil penalties of up to twenty-five thousand dollars
13 ($25,000) per violation and reasonable expenses, investigative costs and
14 attorney's fees.
15 (2) The penalties provided in this section are in addition to any other
16 available remedy at law or equity.
17 (3) Any civil penalty imposed pursuant to this section shall be deposited
18 in the state general fund.
19 SECTION 2. That Section 41-1313, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 41-1313. UNFAIR DISCRIMINATION -- LIFE INSURANCE, ANNUITIES, AND DISABIL-
22 ITY INSURANCE. (1) No person shall make or permit any unfair discrimination
23 between individuals of the same class and equal expectation of life in the
24 rates charged for any contract of life insurance or of life annuity or in the
25 dividends or other benefits payable thereon, or in any other of the terms and
26 conditions of such contract.
27 (2) No person shall make or permit any unfair discrimination between
28 individuals of the same class and of essentially the same hazard in the amount
29 of premium, policy fees, or rates charged for any policy or contract of dis-
30 ability insurance or in the benefits payable thereunder, or in any of the
31 terms or conditions of such contract, or in any other manner whatever.
32 (3) No person shall discriminate on the basis of a genetic test or pri-
33 vate genetic information, as those terms are defined in section 39-8302, Idaho
34 Code, in the issuance of coverage, or the fixing of rates, terms or condi-
35 tions, for any policy or contract of disability insurance or any health bene-
36 fit plan.
STATEMENT OF PURPOSE
RS 16164
The purpose of this proposed legislation is to ensure the privacy
of genetic testing results. A person wishing to have testing done
to either confirm or deny their predisposition to any genetic
illness should not have the test results used by insurers to raise
their rates nor by employers.
FISCAL NOTE
There is no fiscal impact to the state general fund.
Contact
Name: Senator Joyce Broadsword
Phone: 208-332-1395
Representative Mary Lou Shepherd
STATEMENT OF PURPOSE/FISCAL NOTE S 1423