HF 4242

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; requiring certain disclosures for
direct-to-consumer genetic testing; requiring a report; proposing coding for new
law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.786] DIRECT-TO-CONSUMER GENETIC TESTING.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure. new text end

new text begin Any person who provides a specimen collection kit to a
resident of Minnesota for the purpose of collecting genetic material to perform a genetic
test must first provide the resident with the following disclosure:
new text end

new text begin "IMPORTANT NOTICE ON GENETIC TESTING: Some genetic tests lack
scientific validity, and others provide medical results that are meaningful only in the
context of a full medical evaluation. Due to the complexities involved in both the testing
and interpretation of the results of genetic testing, genetic tests should be performed in a
specialized laboratory and the results should be interpreted by a medical provider or
trained counselor who understands the value of genetic testing for a particular situation. A
medical provider or trained genetic counselor should be consulted prior to making medical
decisions based on the results of a genetic test."
new text end

new text begin For the purposes of this section, a resident of Minnesota does not include a provider,
as defined in section 144.291, subdivision 2, paragraph (h), who requests a genetic test in
the course of delivering health care services to a patient.
new text end

new text begin Subd. 2. new text end

new text begin Jurisdiction; service of process. new text end

new text begin A person who provides a specimen
collection kit to a resident of Minnesota for the purpose of collecting genetic material,
performs a genetic test on a specimen collected in the state of Minnesota, or provides test
results to a resident of Minnesota, is deemed to have consented to service of process in
this state for purposes of section 5.25, subdivision 4, or other applicable law and to the
jurisdiction of courts in this state for actions involving a violation of this section or for the
recovery of remedies permitted by this section.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "Genetic characteristic" means a gene, chromosome, or alteration thereof, that
may be identified to determine the risk or existence of a disease, disorder, trait, propensity
or syndrome, or to identify an individual or biological relative of an individual. "Genetic
characteristic" does not include family history or inherited characteristics for which the
existence or identity is determined through a method other than a genetic test.
new text end

new text begin (2) "Genetic test" means a test for determining the presence or absence of genetic
characteristics in an individual or the individual's biological relatives, including tests
of nucleic acids, such as deoxyribonucleic acid (DNA), ribonucleic acid (RNA), and
mitochondrial DNA, chromosomes, or proteins.
new text end

Sec. 2. new text begin STUDY.
new text end

new text begin The commissioner of commerce, in cooperation with the commissioner of
health, shall conduct a study to identify companies and laboratories that provide
direct-to-consumer genetic testing to Minnesota residents. The commissioner of
commerce shall report the findings of this study to the legislature by February 1,
2009. The report shall include the number of Minnesota residents who have purchased
direct-to-consumer genetic testing services, online or otherwise, and the purposes for
which genetic testing is sought.
new text end