Genome Statute and Legislation Database
The Genome Statute and Legislation Database is comprised of state statutes and bills introduced during the 2002-2024 U.S. state legislative sessions.
State | Primary Link | Topic(s) | Bill Status Sort ascending | Summary |
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Louisiana | State StatuteLouisiana: LRS 22:1964 | Health Insurance Nondiscrimination | Statute | It is an unfair method of competition and deceptive act and practice in the business of insurance to discriminate against an insured, enrollee, or beneficiary in the issuance, payment of benefits, withholding of coverage, cancellation or nonrenewal of a policy, contract, plan, or program based upon the results of a genetic test or receipt of genetic information. Actions of an insurer or third parties dealing with an insurer taken in the ordinary course of business in connection with the sale, issuance or administration of a life, disability income, or long-term care insurance policy are exempt from the law. |
Nevada | State StatuteNevada: NRS 689A.417, 689A.545, 689A.585, 689B.420, 689B.450, 689B… | Health Insurance Nondiscrimination | Statute | A health maintenance organization, a carrier serving small employers, a corporation that provides health insurance, individual health insurers and group health insurers may not (1) require an insured person or family member to take a genetic test or disclose whether one has been taken or (2) determine the rates or any other aspect of the coverage or benefits based on genetic information or whether the insured person or member of his family has taken a genetic test. These entities may not establish rules of eligibility based on a health status-related factor, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. The provisions to not apply to any of the above entities in terms of the issuance of a policy of health insurance that provides coverage for long-term care or disability income. Insurers or organizations that provide health coverage pursuant to sections 689A, 689B, 689C, 695A, 695B, 695C, 695D, and 695F must comply with the federal law, the Genetic Information Nondiscrimination Act. |
Utah | State StatuteUtah: UC 53A-1-1401 et seq. | Privacy | Statute | Governs the use of biometric identifiers, including human biological samples used for valid scientific testing or screening, by educational entities. |
California | State StatuteCalifornia: Cal. Civil Code 56.18 et seq. | Privacy, Research | Statute | Creates the Genetic Information privacy Act. Requires a direct-to-consumer genetic testing company to do the following: (1) provide clear and complete information regarding the company�s policies and procedures for the collection, use, maintenance, and disclosure of genetic data; and (2) obtain a consumer�s express consent for collection, use, and disclosure of the consumer�s genetic data including, at a minimum, separate and express consent for each circumstance specified. Genetic data is defined as any data, regardless of its format, that results from the analysis of a biological sample from a consumer, or from another element enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from the analysis of the biological sample, and any information extrapolated, derived, or inferred therefrom. Genetic data does not include deidentified data or data or a biological sample that is collected, used, maintained, and disclosed exclusively for scientific research conducted by an investigator with an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations, in compliance with all applicable federal and state laws and regulations for the protection of human subjects in research. |
California | State StatuteCalifornia: Cal. Insurance Code 10140 et seq. | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | Disability insurers covering hospital, medical and surgical expenses may not fail or refuse to accept an application, fail or refuse to issue insurance, cancel or refuse to renew insurance, charge a higher rate or premium, offer or provide different terms, conditions or benefits, or place a limitation on coverage based on genetic characteristics that may be associated with disability in a person of that persons offspring. These insurers also may not seek information about a persons genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations. Life and disability insurers may not discriminate based solely on the fact that the person to be insured carries a gene that may be associated with disability in that person or the persons offspring, but which causes no adverse effects in the carrier, including but not limited to Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia trait. |
Minnesota | State StatuteMinnesota: MS 72A.139 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | A health plan company in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision may not (1) require or request an individual or his or her blood relative to take a genetic test, (2) make any inquiry about a genetic test or what the results of any such test were, or (3) take into consideration the fact that a genetic test was taken or refused or the results of such a test. A life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability for life insurance must obtain informed written consent. A violation is subject to the investigative and enforcement authority of the insurance commissioner. |
Rhode Island | State StatuteRhode Island: RIGL 27-18.5-2, 27-18.6-2, 27-18.6-3, and 27-50-3 | Health Insurance Nondiscrimination | Statute | In the statute sections pertaining to large group, individual health insurance and small employer health insurance a health status-related factor is defined to include genetic information, and pre-existing condition exclusions may not be based on genetic information the absence of a diagnosis. |
Alaska | State StatuteAlaska: AS 21.54.100 et seq. | Health Insurance Nondiscrimination | Statute | Health care insurers in the group market may not establish rules for eligibility or continued eligibility based on genetic information or impose preexisting condition exclusions based on genetic information in the absence of a diagnosis. |
Idaho | State StatuteIdaho: IC 39-8301 et seq. | Employment Nondiscrimination, Privacy | Statute | An employer may not (1) access or otherwise take into account private genetic information, (2) request or require consent to a release of private genetic information, (3) request or require a genetic test, or (4) inquire about taking or refusal to take a genetic test in connection with a hiring, promotion, retention or other related decision. An exception is made under certain circumstances for an order compelling disclosure of private genetic information. |
Maryland | State StatuteMaryland: Md. Criminal Procedure 17-101 et seq. | Other Topics | Statute | Establishes requirements for the use of genetic genealogical DNA analysis for criminal justice purposes. |
New Jersey | State StatuteNew Jersey: NJS 17:48-6.18, 17:48A-6.11, 17:48E-15.2, 17B-26-3.2, … | Health Insurance Nondiscrimination | Statute | Individual or group hospital service corporations and individual or group medical or health service corporations providing hospital or medical expense benefits, individual health insurance policies, group health insurance policies, and contracts for health care services may not exclude any person or eligible dependent or establish any rates or terms on the basis of any genetic characteristic. |
Virginia | State StatuteVirginia: Code of Va. 38.2-508.4 and 38.2-613 | Health Insurance Nondiscrimination, Privacy | Statute | A person proposing to issue, re-issue, or renew accident and sickness insurance, excluding disability income insurance, issued by any insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a corporation providing a health services plan, or an HMO providing a health care plan may not on the basis of any genetic information or a request for genetic services (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) require inclusion of a rider that excludes coverage for certain benefits and services, (6) establish differentials in premium rates for coverage, or (7) disclose any genetic information about an individual or his/her family member collected or received in connection with any insurance transaction unless the disclosure is made with the written authorization of the individual. |
Connecticut | State StatuteConnecticut: CGA 38a 476 and 816 | Health Insurance Nondiscrimination | Statute | Any hospital and medical expense incurred policy, hospital or medical service plan contract and health care center subscriber contract providing individual or group health_insurance_coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis. |
Kansas | State StatuteKansas: KSA 40-2209, 40-2209p, 40-2257, and 40-2259 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | The statutes restrict the use of genetic tests, information about whether an individual or family member has obtained a genetic test, and test results by a health insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq. offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits. These entities may not require any individual, as a condition of enrollment or continued enrollment, higher premiums or contributions or than a similarly situated individual based on a genetic test or adjust premium or contribution amounts based on a genetic test. An accident or sickness insurer may not deny coverage based on a health status-related factors, including genetic information, and group policies providing hospital, medical or surgical expense benefits may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. The use of such information by an insurer writing life insurance, disability income insurance or long-term care insurance coverage also is restricted unless it is for the purpose of writing life insurance coverage. Life, disability income or long-term care insurers also may not provide for rates or any other aspect of coverage that is not reasonably related to the risk involved. |
Nebraska | State StatuteNebraska: NRS 48-236 | Employment Nondiscrimination | Statute | An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to heath and safety in the workplace. |
Texas | State StatuteTexas TS (Civil Practice and Remedies) Code 74.052 | Health Insurance Nondiscrimination, Privacy | Statute | Pertains to medical authorization required to release protected health information in a health care liability claim. Allows the patient or patient's personal or legal representative to exclude genetic information from the authorization. |
Arkansas | State StatuteArkansas: Ark. Code 20-35-101 et seq. | Privacy, Research | Statute | No individual records of subjects in genetic research studies approved by an institutional review board or conducted subject to the requirements of the federal common rule may be subpoenaed or subject to discovery in civil suits except in cases where the information in the records is the basis of the suit. These records may not be disclosed to an insurer or employer without the informed written consent of the subject. Stored tissues, including blood, that arise from surgery or other diagnostic and therapeutic steps may be disclosed for genetic or other research studies if the patients name or social security number is not attached to or included with the specimen. Identifying information may be disclosed with the informed written consent of the individual. Published results may not identify a subject unless the individual has provided specific informed consent. |
Indiana | State StatuteIndiana: IC 27-4-1-4 and 27-8-26-1 et seq. | Health Insurance Nondiscrimination | Statute | Every accident and sickness policy, contract through which an HMO furnishes health care, government self-insured health care plan, and employee welfare benefit plan may not (1) require a genetic screening or testing; (2) consider screening or testing information in a manner adverse to member, applicant or their family members; (3) inquire about genetic screening or test results, use or base a decision on such information to cancel, refuse to issue, renew or enter into a contract, limit benefits, or charge higher premiums under health care services coverage; or (4) make an adverse decision about applicants or their family based genetic testing or screening results in medical records or other reports. An insurer may consider voluntarily submitted genetic test results if they are favorable. A violation of the law is an unfair method of competition deceptive act and practice in the business of insurance. |
Maryland | State StatuteMaryland: Public Utilities 17-401 et seq. | Employment Nondiscrimination | Statute | Prohibits the Washington Suburban Sanitary Commission from discriminating against a person on the basis of genetic information. Requires that contracts entered into by the Commission include a provision stating that contractors will not to discriminate in any manner against an employee or an applicant for employment based on a variety of factors, including genetic information. |
New York | State StatuteNew York: NYCL (EXC) law 292 and 296 | Employment Nondiscrimination | Statute | An employer or labor organization may not discriminate against employees, applicants or members based on a predisposing genetic characteristic. An employer or employment agency may not print or circulate materials or use a form of application that discriminate based on a predisposing genetic characteristic. Additional provisions apply to employers, labor organizations, employment agencies, and licensing agencies. A genetic test may be required as a condition of employment if directly related to possible increased risk of disease in the work environment or, with informed consent, for workers compensation and to determine susceptibility to toxins found in the workplace environment. |
Michigan | State StatuteMichigan: MCL 500.3829a | Health Insurance Nondiscrimination, Privacy | Statute | Insurers that provide Medicare supplement policies or certificates only may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. Insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. |
Oklahoma | State StatuteOklahoma: OS 21-1175 | Use of Residual Newborn Screening Specimens | Statute | Parental consent is required to store, transfer, use or database DNA from any newborn child. |
Florida | State StatuteFlorida: FS 448.075 et seq. | Employment Nondiscrimination | Statute | No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait. These entities also may not require screening or testing for the sickle-cell trait as a condition for employment. |
Louisiana | State StatuteLouisiana: LRS 22:918 | Other Lines of Insurance Nondiscrimination | Statute | Prohibits life and long-term care insurers, in determining eligibility for coverage, establishing premiums, limiting coverage, or making any other underwriting decisions from doing the following: (1) taking into consideration the fact that an individual or a family member of the individual participated in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services, unless the results of that genetic research are included in the individual's medical record or provided by the individual for consideration by the insurer; or (2) requiring or requesting an individual or a family member of the individual to take a genetic test. Additionally prohibits life and long-term care insurers from canceling or refusing to renew an existing policy based on (1) the fact that an individual or a family member of the individual requested or received genetic services; (2) the fact that an individual or a family member of the individual participated in genetic research, including clinical research that includes genetic services; or (3) purchasing genetic information about an individual without the individual's written consent. Insures may consider genetic information contained in an applicant's medical record if the information is relevant to a potential medical condition that impacts mortality or morbidity, and consideration of the genetic information is based on sound actuarial principles or reasonably expected experience. |
New Hampshire | State StatuteNew Hampshire: NHS 132:10-a | Use of Residual Newborn Screening Specimens | Statute | Samples may not be used for other research or DNA testing purposes unless authorized by the parent or guardian. |
Utah | State StatuteUtah: UC 31A-1-301, 31A-22-620, 31A-22-1602 | Health Insurance Nondiscrimination | Statute | Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. The genetic testing privacy act, which prohibits health insurance discrimination, is applicable to insurers except as permitted under the Medicare Supplement Minimum Standards Act. The insurance commissioner may adopt rules regarding nondiscrimination for genetic testing or genetic information in Medicare supplement policies and certificates. |
California | State StatuteCalifornia: Cal. Civil Code 56.265 | Other Lines of Insurance Nondiscrimination | Statute | A person who underwrites or sells an annuity contract or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and any affiliate of that person or entity, shall not disclose individually identifiable information concerning the medical or genetic history of a customer for use with regard to granting credit. |
California | State StatuteCalifornia: Cal. Insurance Code 10146 et seq. | Other Lines of Insurance Nondiscrimination | Statute | Tests for genetic characteristics may not be required to determine insurability for life and disability income insurance except for policies contingent on review or testing for other diseases and conditions and only with informed consent. Policies may only limit benefits otherwise payable if loss is caused or contributed to by the presence or absence of genetic characteristics if the insurer imposes limitations for other medical conditions that present an increased risk. A life or disability income insurer may not request a genetic test to determine eligibility for hospital, medical or surgical insurance coverage or coverage under a nonprofit hospital service or health care service plan. The statutes set forth civil and criminal penalties for violations. |
Missouri | State StatuteMissouri: MRS 191.331 | Use of Residual Newborn Screening Specimens | Statute | A residual newborn screening specimen is retained for five years after initial submission to the department. After five years specimens are destroyed. Unless otherwise directed, a biological specimen may be released for anonymous scientific study. At the time of collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) Return a biological specimen that remains after all screening tests have been performed; (2) Destroy a biological specimen in a scientifically acceptable manner after all screening tests required have been performed; or (3) Store a biological specimen but not release the biological specimen for anonymous scientific study. A biological specimen released for anonymous study may not contain information that may be used to determine the identity of the donor. The department has authority over the use, retention, and disposal of biological specimens and related information collected in connection with newborn screening tests. The use of such specimens and related information is for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for the use of such specimens for public health research and preparing and supplying specimens for research proposals approved by the department. |
South Carolina | State StatuteSouth Carolina: SCCL 38-93 et seq. | Health Insurance Nondiscrimination, Privacy | Statute | Health insurers offering individual health plans may not cancel, deny, adjust premiums or rates or impose pre-existing conditions exclusions based on the genetic information of an individual or family member or based on a request for genetic services. Health insurers offering group health plans may not adjust premiums or contributions based on genetic information. Health insurers may not request or require genetic information or require an individual to undergo a genetic test. The law also prohibits disclosure of genetic information without informed written consent, with some exceptions such as for law enforcement purposes or as allowable under state and federal statutes. It is required to obtain informed consent prior to performing a genetic test, with some exceptions such as for diagnosis or treatment of an individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Penalties for violations of the law are established and are intended to be in addition to those set forth under the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233. |
Arizona | State StatuteArizona: ARS 1-602 | Privacy | Statute | Parents must consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, with some exceptions such as newborn screening. |
Idaho | State StatuteIdaho: IC 41-1313 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | With respect to disability insurance or any health benefit plan, no person may discriminate on the basis of a genetic test or private genetic information in the issuance of coverage or the fixing of rates, terms or conditions. |
Maryland | State StatuteMaryland: Md. Health Code 13-2001 et seq. | Research | Statute | The law prohibits research using a human subject unless the person conducts the research in accordance with the federal regulations on the protection of human subjects. |
New Jersey | State StatuteNew Jersey: NJS 17B-27-54, 17B-27-57 17B-27-64, 17B:27A-2 and 17B:… | Health Insurance Nondiscrimination | Statute | A group health plan may not establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. Health status-related factor also is defined to include genetic information applicable to sections 1 to 15 of chapter 17B:27A, and the definition of pre-existing condition excludes genetic information in the absence of a diagnosis under provisions applicable to small employer health benefit plans. |
Washington | State StatuteWashington: RCW 40.26.010 et seq. | Privacy | Statute | Modifies the state privacy law pertaining to biometric information by adding DNA to the definition of biometric identifiers. Provides an exception for law enforcement agencies. |
Connecticut | State StatuteConnecticut: CGA 46a 60 | Employment Nondiscrimination | Statute | It is a discriminatory practice for an employer, an employment agency, or for any labor organization to request or require genetic information from an employee, a person seeking employment or a member. These entities may not discharge, expel or otherwise discriminate against any person on the basis of genetic information. |
Kansas | State StatuteKansas: KSA 44-1002 and 44-1009 | Employment Nondiscrimination | Statute | An employer may not (1) seek to obtain, obtain or use genetic screening or testing information of an employee or a prospective employee to discriminate against an employee or a prospective employee or (2) subject any employee or prospective employee to any genetic screening or test. |
Nebraska | State StatuteNebraska: NRS 71-519 | Use of Residual Newborn Screening Specimens | Statute | The health department must adopt and promulgate rules and regulations relating to the use_of_residual_newborn_screening_specimens and related information. Use may only be made for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department. The health department also must develop a pamphlet which explains that residual newborn blood specimens may be used for approved public health research. |
Texas | State StatuteTexas: Health and Safety Code 33.0111 et seq. | Use of Residual Newborn Screening Specimens | Statute | Reports, records, and information obtained by the health department for newborn screening that do not identify a child or the family of a child will not be released for public health research purposes unless a parent, managing conservator, or guardian of the child consents to disclosure. Newborn screening blood spots and associated data are confidential under law and may only be used as specified. If a family consents to disclosure of nonidentifiable reports, records and information for public health research, any subsequent disclosures must be approved by an IRB or privacy board of the health department and the Health Commissioner or his or her designee. research for public health purposes is defined to include purposes that relate to cancer, a birth defect, an infectious disease, a chronic disease, environmental exposure, or newborn screening. |
Arkansas | State StatuteArkansas: Ark. Code 23-66-320 | Health Insurance Nondiscrimination | Statute | Insurers except those offering life, disability income and long-term care plans may not request or require an individual or family member to obtain a genetic test for the purpose of determining eligibility, establishing premiums, limiting, renewing or terminating coverage, or another other underwriting activity or condition a policy on an individual taking a genetic test. |
Iowa | State StatuteIowa: IC 514J.101 et seq. | Health Insurance Nondiscrimination | Statute | A health carrier to notify a covered person of the right to request an external review and include appropriate statements and information in the written notice of a final adverse decision. Health carriers also must include with the notice an authorization form or other document developed by the state that complies with the federal Genetic Information Nondiscrimination Act. |
Massachusetts | State StatuteMassachusetts: Chapter 405 of the Acts of 2014 | Research | Statute | Any public health surveillance activity which is also research is subject to the requirements for research using human subjects. |
New York | State StatuteNew York: NYCL (ISC) 2615 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | No insurer may request or require an individual proposed for insurance coverage to submit to a genetic test without prior written informed consent. Further disclosures require additional consent. If an adverse underwriting decision is based on the results of a genetic test, the insurer must notify the individual. No insurer who lawfully possesses information derived from a genetic test on a biological sample may incorporate the information into the record of a non-consenting individual. Penalties for violations are set forth. |
Michigan | State StatuteMichigan: MCL 333.16221, 333.17020, and 333.17520 | Privacy | Statute | A physician or individual to whom a physician has delegated authority must obtain informed written consent to order a pre-symptomatic or predictive genetic test. Required contents of the informed consent form are specified, and the department of community health with others must develop a model consent form, which, if used, bars the test subject from bringing any civil action for damages based on failure to obtain consent. The public health department may investigate activities thought to be in violation of the law and report its findings by to the appropriate disciplinary subcommittee. |
Oklahoma | State StatuteOklahoma: OS 25-2001 | Privacy, Use of Residual Newborn Screening Specimens | Statute | Creates the Parents' Bill of Rights, including the right to consent in writing before any record of a minor childs blood or DNA is created, stored or shared, except as required by Sections 1-516 (pertaining to syphilis) and 1-524.1 (pertaining to testing arrested persons for sexually transmitted infections and HIV) of Title 63 of the Oklahoma Statutes, or unless authorized pursuant to a court order. |
Florida | State StatuteFlorida: FS 626.9706 et seq. | Other Lines of Insurance Nondiscrimination | Statute | Insurers may not refuse to issue or deliver any policy of life insurance or disability insurance that affords certain services and benefits or impose a higher premium rate or charge for those policies solely because the person to be insured has the sickle-cell trait. |
Louisiana | State StatuteLouisiana: LRS 23:302, 23:352 and 23:368; LRS 51:2231 et seq. | Employment Nondiscrimination, Research | Statute | An employer, labor organization, or employment agency may not (1) discriminate against any employee based on genetic information, (2) require, collect, purchase, or disclose genetic information or information about a request or receipt of genetic services with respect to an employee, or (3) maintain genetic information or information about a request for or the receipt of genetic services in general personnel files. Exceptions regarding disclosure include disclosure to an occupational or other health researcher if the research complies with Part 46 of Title 45 of the Code of Federal Regulations. Additional prohibitions apply to labor organizations with respect to membership and to employers, labor organizations and employment agencies with respect to training. Employers, employment agencies and labor organizations also may not discriminate because an individual has sickle cell trait. |
New Hampshire | State StatuteNew Hampshire: NHS 132:10-a V. | Privacy | Statute | No whole-genome DNA sequencing may be performed for the purpose of newborn screening unless the general court authorizes such sequencing by statute. |
Vermont | State StatuteVermont: VSA 18 9331 et seq. | Privacy, Research | Statute | A person may not be required to undergo genetic testing with some exceptions. Genetic testing may not be performed on any individual or any bodily materials be released for purposes of genetic testing without prior written authorization and informed consent except for (1) medical research where the identity of the subject is unknown, (2) if the research is conducted with anonymized medical information, where individual identifiers are encrypted or encoded, and the identity of the individual is not disclosed, or (3) if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from research Risk (OPRR). |
California | State StatuteCalifornia: Cal. Government Code 12920 et seq.and 11135 | Employment Nondiscrimination | Statute | These statute sections contain provisions from 2011 CA SB 559, referred to as CalGINA. The opportunity to seek, obtain, and hold employment without discrimination because of genetic information, is recognized as a civil right. It is an unlawful employment practice, unless based on a bonafide occupational qualification, to subject any employee, applicant or other person to a test for the presence of a genetic characteristic. In addition, a person in the State of California may not, on the basis of genetic information, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. |
Last updated: February 8, 2024