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HF 901

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to genetic information; specifying how genetic information may be used;
amending Minnesota Statutes 2008, section 13.386; proposing coding for new
law in Minnesota Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2008, section 13.386, is amended to read:


13.386 TREATMENT OF GENETIC INFORMATION HELD BY
GOVERNMENT ENTITIES AND OTHER PERSONS.

Subdivision 1.

Definition.

(a) "Genetic information" means human biological
specimens and
information about an identifiable 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.

(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.

(c) "Human biological specimen" means human tissue, fluids, organs, and any other
human body part from which DNA may be isolated.

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.

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, or any other person 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). A consent
to disseminate genetic information under item (i) must be signed and dated. Unless
otherwise provided by law, such a consent is valid for one year or for a lesser period
specified in the consent.

Sec. 2.

[144.281] TREATMENT OF GENETIC INFORMATION.

Subdivision 1.

Definitions.

(a) "Genetic information" means human biological
specimens and information about an 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.

(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.

(c) "Human biological specimen" means human tissue, fluids, organs, and any other
human body part from which DNA may be isolated.

Subd. 2.

Collection, storage, use, and dissemination of genetic information.

Unless otherwise provided by law, genetic information about an individual:

(1) may be collected only with the written, informed consent of the individual;

(2) may be used only for the purpose 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 with the individual's signed and dated, written
informed consent, or as necessary to accomplish the purpose as provided in clause (2).
Unless otherwise provided by law, consent to disseminate genetic information is valid for
one year or for a lesser period if specified in the consent document.

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