SB 182-DNA TESTING EXEMPTION FOR GENEALOGY  1:42:16 PM CHAIR MCGUIRE announced the consideration of SB 182. 1:42:34 PM SENATOR COGHILL moved to adopt the committee substitute (CS) for SB 182, labeled 29-LS1289\E, as the working document. CHAIR MCGUIRE found no objection and version E was before the committee. 1:43:02 PM FORREST WOLFE, Staff, Senator Lesil McGuire, Alaska State Legislature, introduced SB 182 on behalf of the sponsor reading the following prepared testimony: SB 182 has a very limited scope: to amend Alaska's statutes to provide solid legal ground for an emerging and increasingly popular new field known as genetic genealogy. When the Alaska Genetic Privacy Act was passed, genetic genealogy was still in its infancy and nowhere near as popular as it is today, thus this field was not considered when crafting and enacting this legislation. Because of this, a problematic legal gray area has arisen in this state that prevents genetic genealogy companies from feeling comfortable conducting business in Alaska. SB 182 rectifies this issue. Genetic Genealogy must be participated in voluntarily, and has many benefits for people seeking to trace their ancestral lineage. Online to provide more information on genetic genealogy and answer any questions we have Bennett Greenspan, President of Family Tree DNA. We ask your support on this bill that makes Alaska a better place to do business for a rapidly growing industry and research field, and again, thank you for hearing SB 182. SENATOR COGHILL pointed out that the bill is in the exemption section of the statute. Thus, it starts in the negative. CHAIR MCGUIRE summarized that this bill carves out an exception in AS 18.13.040 saying it does not apply to collection of a DNA sample. She asked Mr. Greenspan to explain why Alaska law needs this clarification. BENNETT GREENSPAN, President and founder, Family Tree DNA, Houston, Texas, testified in support of SB 182. He explained that his company started out assisting families that were looking for lost family members. Over the years, it morphed to a company that also tests people to determine their genealogical roots. They also do work in the adoption community as well as trying to help children who want to reconnect with biological family. He highlighted that in 2005 the National Geographic Society selected his company to do their DNA testing, which looks exclusively at human migration patterns around the world. He described this as the soft side of genetics, essentially helping people look into the history book that is written into their cells, and nothing else. He said SB 182 is necessary because the way the genetic privacy statute is written, the DNA testing his company does could be categorized with doctor-directed and medically ordered tests. The cheek swab he uses could be considered a medical device and regulated as such, even though Family Tree DNA does not perform medical tests. When the FDA addressed the subject of direct to consumer tests in 2008 and 2009, it was trying to make sure that people don't buy medical tests and get information on those tests online rather than going to their medical doctor for an explanation. On both occasions, the FDA said it wasn't interested in what Family Tree DNA was doing. SB 182 would clarify the statute and provide an exemption for genetic genealogy testing. 1:50:40 PM CHAIR MCGUIRE noted that for many years the legislature declined to allow DNA samples to be collected. During the Murkowski administration, a bill passed allowing collection, but not retention, of Buccal Swabs. There also was a specific prohibition on medical use, with a few specific exceptions. Civil and criminal penalties are attached for misuse of the DNA results. Family Tree DNA and other similar companies asked her to introduce a clarifying measure and it seemed reasonable and necessary. Alaskans and others are increasingly interested in finding out more about their genetic genealogy. 1:53:03 PM SENATOR WIELECHOWSKI read AS 18.13.010(a)(1) and questioned whether this couldn't already be done with a disclosure agreement. MR. GREENSPAN said his concern is potentially being swept into some action or case that he's not part of. He related that when the bill passed in 2005, he estimates there were not more than 100,000 people worldwide that had done a DNA test for genealogical and anthropological purposes. Today that number is approaching 3 million, and counsel has pointed out the lack of clarity in the statutes is a potential problem. SENATOR WIELECHOWSKI asked if the bill would exempt Family Tree DNA and similar companies from a cause of action if there were a security breach. MR. GREENSPAN discussed the measures his company employs to ensure their system is secure and reiterated that they do not look at medical issues. His interest is ensuring that people can find out about their DNA and that he can operate in all 50 states knowing that what is permissible in one is permissible in the others. 2:02:54 PM SENATOR WIELECHOWSKI voiced interest in protecting Alaskans and ensuring that there won't be an exemption if an organization is reckless or negligent. He suggested that Legislative Legal Services may be able to answer the questions. MR. GREENSPAN stressed his interest in safety and privacy. 2:04:19 PM SENATOR COSTELLO asked if a family that adopts a child from China can request DNA testing. MR. GREENSPAN answered in the affirmative describing efforts of Vietnamese American and Korean American adults to locate lost family. He noted that Alaska is uniquely progressive because it has open birth records. SENATOR COSTELLO asked if he and his competitors foresee federal legislation relating to DNA testing for genealogical and anthropological purposes. MR. GREENSPAN related that just three companies in the U.S. offer this type of DNA testing and Family Tree DNA is the only company that offers the mitochondrial test. His two competitors offer recombinant DNA testing, and his company allows those people to move their records to the Family Tree DNA database for genealogical purposes. He didn't know that there would ever be one large database. 2:12:32 PM SENATOR COGHILL asked if the Department of Justice ever subpoenaed DNA information from his company. MR. GREENSPAN said his company probably hasn't gotten those requests because there is no chain of custody. He relies on what his customers tell him about whose cheek scraping they're sending and that may or may not be accurate. SENATOR COGHILL commented that birth parents who don't want contact after a closed adoption might be surprised if someone did a DNA test and then showed up at their door. MR. GREENSPAN agreed and added that each state regulates adoptions a little differently. 2:17:10 PM CHAIR MCGUIRE held SB 182 in committee for future consideration.