SF 3245

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:23am

A bill for an act
relating to data practices; requiring informed consent for collection, use, and
dissemination of genetic information; authorizing civil remedies; amending
Minnesota Statutes 2022, section 13.386, subdivision 3; 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 2022, section 13.386, subdivision 3, is amended to read:

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 person deleted 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). 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.

(b) Newborn screening activities conducted under sections 144.125 to 144.128 are subject
to paragraph (a). Other programs and activities governed under section 144.192 are not
subject to paragraph (a).

Sec. 2.

new text begin [144.3346] GENETIC INFORMATION COLLECTION, USE, AND
DISSEMINATION; INFORMED CONSENT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Genetic information" has the meaning given in section 13.386, subdivision 1.
new text end

new text begin (c) "Person" means any individual, partnership, corporation, association, business trust,
or a legal representative of an organization. Person does not include a government entity
as defined in section 13.02, subdivision 7a.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent. new text end

new text begin Unless otherwise expressly provided by law, genetic
information about an individual:
new text end

new text begin (1) may be collected by a person only with the written informed consent of the individual;
new text end

new text begin (2) may be used only for the purposes to which the individual has given written informed
consent;
new text end

new text begin (3) may be stored only for a period of time to which the individual has given written
informed consent; and
new text end

new text begin (4) may be disseminated only:
new text end

new text begin (i) with the individual's written informed consent; or
new text end

new text begin (ii) if necessary in order to accomplish the purposes described by clause (2).
new text end

new text begin A consent to disseminate genetic information under clause (4), 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.
new text end

new text begin Subd. 3. new text end

new text begin Action. new text end

new text begin An individual injured by a violation of this section may bring an action
in district court for injunctive relief, damages, and reasonable costs and attorney fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to genetic
information collected on or after that date.
new text end