Enrolled SB 217: Relating to genetic privacy.
00Enrolled SB 217 01 Relating to genetic privacy. 02 _______________ 03 * Section 1. AS 18 is amended by adding a new chapter to read: 04 Chapter 13. Genetic Privacy. 05 Sec. 18.13.010. Genetic testing. (a) Except as provided in (b) of this section, 06 (1) a person may not collect a DNA sample from a person, perform a 07 DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or 08 disclose the results of a DNA analysis unless the person has first obtained the 09 informed and written consent of the person, or the person's legal guardian or 10 authorized representative, for the collection, analysis, retention, or disclosure; 11 (2) a DNA sample and the results of a DNA analysis performed on the 12 sample are the exclusive property of the person sampled or analyzed. 13 (b) The prohibitions of (a) of this section do not apply to DNA samples 14 collected and analyses conducted 15 (1) under AS 44.41.035 or comparable provisions of another
01 jurisdiction; 02 (2) for a law enforcement purpose, including the identification of 03 perpetrators and the investigation of crimes and the identification of missing or 04 unidentified persons or deceased individuals; 05 (3) for determining paternity; 06 (4) to screen newborns as required by state or federal law; 07 (5) for the purpose of emergency medical treatment. 08 (c) A general authorization for the release of medical records or medical 09 information may not be construed as the informed and written consent required by this 10 section. The Department of Health and Social Services may by regulation adopt a 11 uniform informed and written consent form to assist persons in meeting the 12 requirements of this section. A person using that uniform informed and written 13 consent is exempt from civil or criminal liability for actions taken under the consent 14 form. A person may revoke or amend their informed and written consent at any time. 15 Sec. 18.13.020. Private right of action. A person may bring a civil action 16 against a person who collects a DNA sample from the person, performs a DNA 17 analysis on a sample, retains a DNA sample or the results of a DNA analysis, or 18 discloses the results of a DNA analysis in violation of this chapter. In addition to the 19 actual damages suffered by the person, a person violating this chapter shall be liable to 20 the person for damages in the amount of $5,000 or, if the violation resulted in profit or 21 monetary gain to the violator, $100,000. 22 Sec. 18.13.030. Criminal penalty. (a) A person commits the crime of 23 unlawful DNA collection, analysis, retention, or disclosure if the person knowingly 24 collects a DNA sample from a person, performs a DNA analysis on a sample, retains a 25 DNA sample or the results of a DNA analysis, or discloses the results of a DNA 26 analysis in violation of this chapter. 27 (b) In this section, "knowingly" has the meaning given in AS 11.81.900. 28 (c) Unlawful DNA collection, analysis, retention, or disclosure is a class A 29 misdemeanor. 30 Sec. 18.13.100. Definitions. In this chapter, 31 (1) "DNA" means deoxyribonucleic acid, including mitochondrial
01 DNA, complementary DNA, and DNA derived from ribonucleic acid; 02 (2) "DNA analysis" means DNA or genetic typing and testing to 03 determine the presence or absence of genetic characteristics in an individual, including 04 tests of nucleic acids or chromosomes in order to diagnose or identify a genetic 05 characteristic; "DNA analysis" does not include a routine physical measurement, a test 06 for drugs, alcohol, cholesterol, or the human immunodeficiency virus, a chemical, 07 blood, or urine analysis, or any other diagnostic test that is widely accepted and in use 08 in clinical practice; 09 (3) "genetic characteristic" includes a gene, chromosome, or alteration 10 of a gene or chromosome that may be tested to determine the existence or risk of a 11 disease, disorder, trait, propensity, or syndrome, or to identify an individual or a blood 12 relative; "genetic characteristic" does not include family history or a genetically 13 transmitted characteristic whose existence or identity is determined other than through 14 a genetic test. 15 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 18.13, enacted by sec. 1 of this Act, applies to any collection, 18 analysis, retention, or disclosure occurring after the effective date of this Act.