Definitions

TITLE 39 HEALTH AND SAFETY CHAPTER 83 GENETIC TESTING PRIVACY ACT 39-8302. Definitions. As used in this chapter: (1)  "Blood relative" means a person’s biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin. (2)  "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis. (3)  "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen. (4)  "Employer" means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government. (5)  "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 Nicolás 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 by the governor in consultation with the adjutant general. (6)  "Genetic analysis" or "genetic test" means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. "Genetic analysis" or "genetic test" does not mean: (a)  A routine physical examination; (b)  A routine chemical, blood or urine analysis; (c)  A test to identify the presence of drugs or HIV infection; or (d)  A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder. (7)  "Genetic sequencer" means any device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research. (8)  "Human genome" means DNA or ribonucleic acid (RNA) found in human cells. (9)  "Individual" means the person from whose body the DNA sample originated. (10)  "Medical facility" means a facility for the delivery of health services that: (a)  Receives state moneys, including interagency pass-through appropriations from the federal government; and (b)  Conducts research or testing on, with, or relating to genetic analysis or the human genome. (11)  "Operational or research software" means computer programs used for the operation, control, analysis, or other necessary functions of genetic analysis or genetic sequencers. (12)  "Person" means any person, organization or entity other than the individual. (13)  "Private genetic information" means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual’s DNA or from a genetic test or analysis of a person’s DNA of whom the individual is a blood relative. "Private genetic information" does not include information that is derived from: (a)  A routine physical examination; (b)  A routine chemical, blood or urine analysis; (c)  A test to identify the presence of drugs or HIV infection; or (d)  A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder. (14)  "Research facility" means a facility that: (a)  Receives state moneys, including interagency pass-through appropriations from the federal government; and (b)  Conducts research on, with, or relating to genetic analysis or the human genome.