Minnesota Legislature
HF 112
as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2020 02:55pm
Current Version - as introduced
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A bill for an act
relating to genetic information; modifying existing law on the use of genetic
information by government entities; creating new consumer protection law
regarding use of genetic information; amending Minnesota Statutes 2018, section
13.386; proposing coding for new law in Minnesota Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 13.386, is amended to read:
13.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT
ENTITIES deleted text begin AND OTHER PERSONSdeleted text end .
Subdivision 1.
Definition.
(a) "Genetic information" means information about an
deleted text begin identifiabledeleted text end individual derived from the presence, absence, alteration, or mutation of a gene,
or the presence or absence of a specific DNA or RNA marker, which has been obtained
from an analysis of:
(1) the individual's biological information or specimen; or
(2) the biological information or specimen of a person to whom the individual is related.
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Genetic information is about an individual if it identifies an individual or if it describes any
characteristic that could uniquely identify an individual.
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(b) "Genetic information" also means medical or biological information collected from
an individual about a particular genetic condition that is or might be used to provide medical
care to that individual or the individual's family members.
Subd. 2.
Private data.
Genetic information held by a government entity is private data
on individuals as defined by section 13.02, subdivision 12.
Subd. 3.
Collection, storage, use, and dissemination of genetic information.
(a) Unless
otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section 13.02, subdivision
7a, deleted text begin or any other persondeleted text end only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written informed
consent;
(3) may be stored only for a period of time to which the individual has given written
informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). deleted text begin A consent to
disseminate genetic information under item (i) must be signed and dated.
deleted text end
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(b) In order to be effective under this subdivision, an informed consent must:
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(1) include the Tennessen warning required by section 13.04;
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(2) be understandable to a person of average intelligence and education;
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(3) be specific as to:
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(i) the identity of the government entity or entities the individual is authorizing to collect,
use, store, or disseminate the genetic information;
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(ii) the nature of the genetic information the government entity intends to collect, use,
store, or disseminate;
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(iii) the identity of any persons to whom the government entity intends to disseminate
the genetic information; and
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(iv) the purposes for which the genetic information may be used by the government
entity or by any persons identified under clause (iii); and
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(4) be signed and dated.
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new text begin (c)new text end Unless otherwise provided by law, deleted text begin such a consentdeleted text end new text begin an informed consent under this
subdivisionnew text end is valid for one year or for a lesser period specified in the consent.
deleted text begin (b)deleted text end new text begin (d)new text end Newborn screening activities conducted under sections 144.125 to 144.128 are
subject to deleted text begin paragraph (a)deleted text end new text begin this subdivisionnew text end . Other programs and activities governed under
section 144.192 are not subject to deleted text begin paragraph (a)deleted text end new text begin this subdivisionnew text end .
Sec. 2.
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[325F.786] GENETIC INFORMATION.
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new text begin Subdivision 1. new text end
new text begin Scope; exclusions. new text end
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This section does not apply to:
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(1) a government entity subject to section 13.386 or 144.192; or
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(2) a health care provider as defined in section 144.291, subdivision 2, paragraph (i).
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new text begin Subd. 2. new text end
new text begin Definition. new text end
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"Genetic information" has the meaning given in section 13.386,
subdivision 1.
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new text begin Subd. 3. new text end
new text begin Collection, storage, use, and dissemination of genetic information. new text end
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(a) An
individual's genetic information and any biological specimen analyzed to obtain that genetic
information is the exclusive property of the individual.
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(b) Unless otherwise expressly provided by law, a person that collects, creates, receives,
maintains, or disseminates genetic information about an individual may:
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(1) collect the information only with the written informed consent of the individual;
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(2) use the information only for purposes to which the individual has given written
informed consent;
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(3) store the information only for a period of time to which the individual has given
written informed consent; and
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(4) disseminate the information only:
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(i) with the individual's written informed consent; or
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(ii) if necessary in order to accomplish purposes described by clause (2).
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(c) In order to be effective under this subdivision, an informed consent must:
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(1) be understandable to a person of average intelligence and education;
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(2) be specific as to:
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(i) the identity of the person the individual is authorizing to collect, use, store, or
disseminate the genetic information;
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(ii) the nature of the genetic information that the person intends to collect, use, store, or
disseminate;
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(iii) the identity of any additional persons to whom the person intends to disseminate
the genetic information; and
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(iv) the purposes for which the genetic information may be used by the person or by any
additional persons identified under clause (iii); and
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(3) be signed and dated.
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(c) Unless otherwise provided by law, an informed consent under this subdivision is
valid for one year or for a lesser period specified in the consent.
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new text begin Subd. 4. new text end
new text begin Enforcement. new text end
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Any person injured by a violation of this section may bring a
civil action to enforce this section and recover any actual damages, costs and disbursements,
including reasonable attorney fees incurred in the civil action. In addition to the remedies
provided in this section, the attorney general may bring an action pursuant to section 8.31
against any person for violation of this section.
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