65-449. Divestiture of genetic sequencers and related software produced by foreign adversaries; required, when; reimbursement.

506 words·~2 min read·/ks/chapter-65/65-449

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section:

(1)"DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes that may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease or establishing a clinical diagnosis.

(2)"Foreign adversary" means the people's republic of China, the Russian federation, the Islamic republic of Iran, the democratic people's republic of Korea, the republic of Cuba, the Venezuelan regime of Nicolas Maduro or the Syrian Arab republic, including any agent of or any other entity under significant control of such foreign adversary, or any other entity deemed to be a foreign adversary by the governor in consultation with the adjutant general.

(3)"Genetic sequencer" means any device or platform used to conduct genetic analysis, resequencing, isolation or other genetic research.

(4)"Human genome" means DNA or ribonucleic acid that is found in human cells.

(5)"Medical facility" means a facility for the delivery of health services that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research or testing on, with or relating to genetic analysis or the human genome.

(6)"Operational or research software" means computer programs used for the operation, control, analysis or other necessary functions of genetic analysis or genetic sequencers.

(7)"Research facility" means a facility that receives state moneys, including interagency pass-through appropriations from the federal government and conducts research on, with or relating to genetic analysis or the human genome.

(b)No medical facility or research facility in this state shall utilize genetic sequencers or operational or research software used for genetic analysis produced in or by a foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign adversary or a company-owned or company-controlled subsidiary of a company domiciled within a foreign adversary for the purpose of conducting genetic analysis.

(c)All genetic sequencers and operational and research software used for genetic sequencers or genetic analysis devices prohibited under subsection

(b)that is not permanently disabled shall be removed and replaced with genetic sequencers and operational and research software used for genetic sequencers or genetic analysis that is not prohibited under subsection (b).

(d)Subject to appropriations, a medical facility or research facility in this state may request a reimbursement from the state treasurer up to the cost of replacement of the equipment and software prohibited under subsection

(b)from the state treasurer, provided the request includes purchase orders and is submitted prior to October 1, 2025.

(e)The provisions of this section are severable. If any provision of this section is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.