HB 2069 — genetic testing; private property

(i) Transferring or disclosing the consumer's genetic data to any person other than the company's vendors and service providers.

(ii) Using genetic data beyond the primary purpose of the genetic testing product or service and inherent contextual uses.

(iii) Retaining any biological sample provided by the consumer following completion of the initial testing service requested by the consumer.

(c) Informed consent in compliance with the federal policy for the protection of human research subjects prescribed by 45 Code of Federal Regulations part 46 for transferring or disclosing the consumer's genetic data to third-party persons for research purposes or research conducted under the control of the company for the purpose of publication or generalizable knowledge.

(d) Express consent for marketing to a consumer based on the consumer's genetic data or for marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service.

For the purposes of this subdivision, marketing does not include providing customized content or offers on websites or through applications or services provided by the direct-to-consumer genetic testing company with the first-party relationship to the consumer.

3.

Require a valid legal process for disclosing genetic data to law enforcement or any other government agency without a consumer's express written consent.

4.

Develop, implement and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use or disclosure.

5.

Provide a process for a consumer to do all of the following:

(a) Access the consumer's genetic data.

(b) Delete the consumer's account and genetic data.

(c) Request and obtain the destruction of the consumer's biological sample.

6.

Disclose genetic data only in accordance with section 12-2802.

ANotwithstanding pathologistany whoother isprovision licensedin pursuantthis tosection, titlea 32,direct-to-consumer chaptergenetic 13testing orcompany 17 may ordernot anddisclose performa consumer's genetic testingdata forto aany patiententity andoffering receivehealth theinsurance, resultslife insurance or long-term care insurance or to any employer of thatthe testing.consumer.

C.END_STATUTE START_STATUTE44-7923.

AExceptions personThis shallchapter does not discloseapply or be compelled to disclose the identity of any person on whom a genetic test is performed or the results of a genetic test in a manner that allows identification of the personfollowing: tested except to the persons specified in the circumstances set forth in subsection A of this section.

D.1.

IfProtected genetichealth testing information that is subpoenaed,collected by a healthcovered careentity provideror shallbusiness respondassociate pursuantgoverned toby sectionthe 12-2294.01,privacy, subsectionsecurity E.and breach notification rules issued by the United States Department of Health and Human Services under 45 Code of Federal Regulations parts 160 and 164.

In2. determining whether to order production of the genetic testing information, the court shall take all steps necessary to prevent the disclosure or dissemination of that information.  E.

ExceptBiological assamples providedthat inare thisobtained section,or chaptergenetic 13,data articlethat 7.1is ofgenerated thisfor titlethe doespurposes notof applyan toindividual's geneticmedical testingscreening, informationtreatment thator isdiagnosis. contained within a patient's medical record.

F.3.

FollowingGenetic thedata deaththat of a person who had genetic testing performed, the release of the testing information is governedgenerated by sectionanalyses 12-2294, subsection D, except that the person may deny, release or limittests releasedescribed ofin thesection genetic12-2801, testingparagraph results1, bysubdivision adopting(b). a provision in a testamentary document.

G.4.

ExceptA aspublic specificallyor providedprivate ininstitution thisof article,higher aeducation personor toan whomentity testthat resultsis haveowned beenor disclosedoperated pursuantby toa thispublic article,or otherprivate thaninstitution theof personhigher tested,education. shall not disclose the test results to any other person.

H.END_STATUTE START_STATUTE44-7924.

AEnforcement; health care provider and the provider's agents and employees that act in good faith and that comply with this article are not subject to civil liability.  The good faith of a health care provider that complies with this article is presumed.  The presumption may be rebutted by a preponderance of the evidence.

I.violation;

Thiscivil articlepenalty; does not limit the effect of title provisions governing the confidentiality and use of genetic testing information.

J.damages;

Exceptcosts; as otherwise specifically authorized or required by this state or by federal law, genetic testing and the information derived from genetic testing, whether in the possession of a public or private entity, are the private property of the person tested.

Thisattorney subsectionfees doesThe notattorney applygeneral tomay geneticbring testingan andaction the information derived from the genetic testing that is protected from disclosure pursuant to theenforce healththis insurancechapter.  portabilityA andperson accountabilitywho actviolates privacythis standardschapter (45is Codesubject ofto: federal Regulations part 160 and part 164, subpart E).

Sec. 2.1.

ApplicabilityA Sectioncivil 12-2802,penalty subsectionof J,up Arizona Revised Statutes, as added by this act, applies only to genetic$2,500 testing,for andeach theviolation. information derived from the genetic testing, that is conducted or derived after the effective date of this act.

END_STATUTE2.

The payment of actual damages incurred by consumers as a result of the violation.

3.

Costs and reasonable attorney fees incurred by the office of the attorney general.

END_STATUTE Sec. 2.

Short Title Title 44, chapter 38, Arizona Revised Statutes, as added by this act, may be cited as the "Genetic Information Privacy Act".

      APPROVED BY THE GOVERNOR APRIL 20, 2021.

  FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 20, 2021.