13-60-102. Definitions.

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

Effective 5/3/2023

As used in this part:

(1)"Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva.

(2)"Consumer" means an individual who is a resident of the state.

(3)"Deidentified data" means data that:

(a)cannot reasonably be linked to an identifiable individual; and

(b)possessed by a company that:

(i)takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;

(ii)makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and

(iii)enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.

(4)"Direct-to-consumer genetic testing company" or "company" means an entity that:

(a)offers consumer genetic testing products or services directly to consumers; or

(b)collects, uses, or analyzes genetic data that a consumer provides to the entity.

(5)"DNA" means deoxyribonucleic acid.

(6)"Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.

(a)"Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics.

(b)"Genetic data" includes:

(i)raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;

(ii)genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and

(iii)self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:

(A)uses for scientific research or product development; and

(B)analyzes in connection with the consumer's raw sequence data.

(c)"Genetic data" does not include deidentified data.

(8)"Genetic testing" means:

(a)a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or

(b)an interpretation of a consumer's genetic data.

Amended by Chapter 327 , 2023 General Session