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A BILL to amend the Code of Virginia by adding sections numbered
32.1-127.1:06
and
38.2-3407.15:9
, relating to genetic sequencing; organ transplants; use of foreign genetic sequencing or genetic sequencer operational and research software; foreign storage of genetic sequencing data; health insurance coverage for certain foreign organ transplants; civil penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding sections numbered
32.1-127.1:06
and
38.2-3407.15:9
as follows:
§
32.1-127.1:06
.
Privacy of genomic sequencing information
; civil penalty
.
A.
As used in this section:
"Fore
ign adversary" means a nation specified in 15 C.F.R.
§
791.4.
"Genetic sequencer" means a device or platform used to conduct genetic sequencing,
genetic
resequencing,
genetic
isolation, or other genetic research.
"Genetic sequencing" means a method to determine the identity and order of nucleotide
bases in the human genome.
"Operational and research software" means computer programs used for the operation, control, analysis, or other necessary functions of genetic sequencing or genetic sequencers.
B
.
No medical care facility shall use genetic sequencers or any operational
and
research software used for genetic sequencing produced in or by a foreign adversary or a subsidiary or affiliate that is owned or controlled by a
person
domiciled within a foreign adversary.
1. All genetic sequencers
or
operational and research software used for genetic
sequencing prohibited pursuant to this subsection
t
h
at is
not permanently di
sabled must be removed and replaced no more than 180 days from July 1, 2026.
2. No medical care facility shall be required to investigate any individual component of
genetic sequencing equipment or software to comply with this section.
C. No medical care facility shall store genetic sequencing data with a foreign adversary
or permit a foreign adversary to remotely access genetic sequencing data storage, other than op
en data,
within its direction or control
unless such remote access is approved in writing by the Commissioner.
Medical care facilities storing genetic sequencing data, including throu
gh contracts with third-party data storage companies, shall ensure the security of genetic sequencing data using reasonable encryption methods, restrictions on access, and other cybersecurity best practices.
D. A medical care facility
using genetic sequencers, using operational
and
research software used for genetic sequencing, or storing genetic sequencing data shall certify
, under penalty of perjury,
its compliance with the provisions of this section
to the Commissioner
annually by
July 1. Any medical care facility that violates this
section
or any person who knowingly stores genetic sequencing data outside of the United States
shall be subject to a civil penalty of $10,000
for each violation
,
to be collected by the Commissioner and deposited into the
general fund.
For the purposes of this subsection, a violation occurs
for each
instance of an individual's genome having undergone genetic sequencing or analysis
using prohibited genetic sequencers
or operational and research software used for genetic sequencing.
E. The Commissioner is authorized to investigate any allegations of violations of this section. Any person may notify the Commissioner of a violation or potential violation of this section.
§
38.2-3407
.
15:9. Prohibition on certain organ transplants
; civil penalty
.
A.
As used in this section:
"Carrier" mean
s the same as that term is defined
in §
38.2-3407.10
.
"Forced organ harvesting" means
the removal of one or more organs from a living person or a person killed for the purpose of removal of one or more organs by means of coercion, abduction, deception, fraud, or abuse of power or a position of vulnerability.
"Health benefit plan" mean
s the same as that term is
defined
in §
38.2-3438
.
B. No carrier shall knowingly provide coverage
under
a health benefit plan for a human organ transplant if:
1. The transplant operation is performed in the Peopl
e's Republic of China
or a country designated by the Commissioner pursuant to subsection C
;
or
2. The human organ to be transplanted was procured by sale or donation originating in the People's Republic of China
or a country designated by the Commissioner pursuant to subsection C.
C.
The Commissioner may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting and shall provide written notice to the
G
overnor when the Commissioner designates such additional country.
The Commissioner shall maintain a list of
such
countries on the Commission's public website.
D. Any carrier that
knowingly
violates
the provisions of this section shall be subject to a civil penalty of $100,000 for each violation to be collected by the Commissioner an
d deposited into the general fund.
E. The Commissioner is authorized to investigate any allegations of violations of this section. Any person may notify the Commissioner of a violation or potential violation of this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 725 of the Acts of Assembly of 2025 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.