Genetic information privacy.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0031

ENROLLED ACT NO. 10,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to genetic information privacy; prohibiting the collection, retention and disclosure of genetic information without informed consent as specified; providing exceptions; providing for the retention and destruction of genetic information; providing criminal penalties; providing for a civil cause of action; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
31
‑
101
through 35
‑
31
‑
104
are
created to read:

CHAPTER 31
Genetic information privacy

35
‑
31
‑
101
.

Definitions.

(a)

As used in this
chapter
:

(
i
)

"Authorized representative" means a person authorized by state or federal law to make health care decisions for an individual;

(
i
i)

"
DNA" means deoxyribonucleic acid;

(ii
i
)

"
Genetic
analysis" means
a test of an individual's
DNA, gene products or chromosomes
t
o determine the presence or absence of genetic characteristics
in an individual or family
;

(
i
v
)

"Genetic characteristic"
means
a gene or chromosome, or alteration thereof,
that is scientifically or medically believed to predispose an individual to a
disease, disorder, trait or syndrome, or to identify an individual or a blood relative
;

(
v
)

"Genetic information" means information about
the genetic
characteristics
of an individual or members of an individual's family

that are the results of
genetic analysis
;

(v
i
)

"Informed consent" means the signing of a consent form by
an
individual or
an
individual's authorized representative which includes
a description of
:

(A)

Any
genetic analysis to be performe
d and
how the genetic analysis or resulting genetic information will be used
;

(B)

H
ow

any
genetic information
will
be retained or disclosed
;

(C)

An individual's rights under W.S. 35
‑
31
‑
103.

35
‑
31
‑
102
.

Genetic testing; prohibitions; exceptions.

(a)

Except as provided in subsection (b) of this section, no person
conducting genetic analysis
shall
do any of the following without the informed consent of the individual or the individual's authorized representative:

(
i
)

Obtain

an individual's
genetic information
;

(ii)

P
erform
a
genetic analysis
on an individual
;

(iii)

R
etain
an individual's
genetic information
;

(iv)

D
isclose

an individual's genetic information
.

(b)

An individual's genetic information may be obtained, retained,
disclosed

and
used without informed consent
to the extent permitted by law
for
:

(
i
)

Disclosures to the individual or the individu
al's authorized representative;

(i
i
)

L
aw enforcement purposes
otherwise authorized by law;

(i
i
i)

The state DNA database
created by
W.S.
7
‑
19
‑
40
2
or
the
comparable provisions of another jurisdiction;

(i
v
)

The
r
egistration
of sex offenders pursuant to
W.S. 7
‑
19
‑
302;

(
v
)

D
etermining paternity

in accordance with a
court or administrative order
;

(v
i
)

D
etermining
the identity of a deceased individual;

(v
i
i
)

N
ewborn screening
requirements under
W.S. 35
‑
4
‑
801
;

(v
i
i
i
)

T
he p
rovision
of emergency medical treatment;

(
ix
)

An
order of a court of competent jurisdiction;

(
x
)

A
nonymous research where the identity of the
individual
will not be released;

(x
i
)

Services limited to storage, retrieval, handling or transmission of genetic information by a third party service provider pursuant to a contract or other obligation
;

(xii)

Diagnosis or treatment of the individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Nothing in this paragraph shall be deemed to waive the requirement that a treating physician obtain specific informed consent for the taking of a specimen when required.

35
‑
31
‑
103
.

Genetic information; inspection; retention.

(
a
)

An individual
or the individual's authorized representative
may inspect, correct
and
obtain genetic information
about
the individual
.

(
b
)

A person conducting genetic analysis shall destroy an individual's g
enetic information upon request by the individual or the individual's authorized representative unless
:

(
i
)

T
he information
was
obtained pursuant to W.S. 35
‑
31
‑
102
(
b)
; or

(ii)

Retention of the information is necessary for a purpose disclosed to the individual or represen
tative in the informed consent.

(c)

Genetic information about an individual obtained pursuant to W.S. 35
‑
31
‑
102(
b) shall be used solely for the purposes obtained and shall be destroyed or returned to the individual or the individual's authorized representative upon completion of the purposes for which the information was obta
ined or in accordance with law.

35
‑
31
‑
104
.

Criminal p
enalties
; private right of action
.

(a)

Any person violating the provisions of this
chapter
is guilty of a
misdemeanor
punishable by a fine of not more than
one
thousand dollars ($
1
,000.00)
for each violation
.

(b)

An individual
whose rights have been violated under the provisions of this
chapter
may bring a civil action
to enjoin or restrain any violation of this chapter and may in the same action seek damages from the person violating this chapter
.
A prevailing party in an action
brought
under this subsection may recover
all
costs
and expenses reasonably associated with the action, including b
ut
not limited to
reasonable attorney fees.

Section

2
.

This
act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1