TITLE 39

HEALTH AND SAFETY

CHAPTER 83

GENETIC TESTING PRIVACY ACT

39-8302.  Definitions. As used in this chapter:

(1)  "Blood relative" means a person’s biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin.

(2)  "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis.

(3)  "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen.

(4)  "Employer" means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government.

(5)  "Genetic analysis" or "genetic test" means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. "Genetic analysis" or "genetic test" does not mean:

(a)  A routine physical examination;

(b)  A routine chemical, blood or urine analysis;

(c)  A test to identify the presence of drugs or HIV infection; or

(d)  A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.

(6)  "Individual" means the person from whose body the DNA sample originated.

(7)  "Person" means any person, organization or entity other than the individual.

(8)  "Private genetic information" means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual’s DNA or from a genetic test or analysis of a person’s DNA of whom the individual is a blood relative. "Private genetic information" does not include information that is derived from:

(a)  A routine physical examination;

(b)  A routine chemical, blood or urine analysis;

(c)  A test to identify the presence of drugs or HIV infection; or

(d)  A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.

History:

[39-8302, added 2006, ch. 293, sec. 1, p. 904.]