T39CH83

Title 39 > T39CH83

Sections (5)

39-8301

TITLE 39 HEALTH AND SAFETY CHAPTER 83 GENETIC TESTING PRIVACY ACT 39-8301. Short title. This chapter shall be known and may be cited as the Genetic Testing Privacy Act. History: [39-8301, added 2006, ch. 293, sec. 1, p. 904.]

39-8302

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 abou

39-8303

TITLE 39 HEALTH AND SAFETY CHAPTER 83 GENETIC TESTING PRIVACY ACT 39-8303. Restrictions on employers. (1) Except as provided in subsections (2) and (3) of this section, an employer shall not, in connection with a hiring, promotion, retention or other related decision: (a) Access or otherwise take into consideration private genetic information about an individual; (b) Request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual; (c) Request or require an individual or his blood relative to submit to a genetic test; or (d) Inquire into the fact that an individual or his blood relative has taken or refused to take a genetic test. (2)(a) Notwithstanding the provisions of subsection (1) of this section, an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to subsection (2)(b) of this section in connection with: (i) An employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or (ii) An employment-related decision in which the employer has a reasonable basis to believe that the individual’s health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment. (b)(i) An order compelling the disclosure of private genetic information pursuant to this subsection may be entered only upon a finding that: (A) Other ways of obtaining the private information are not available or would not be effective; and (B) There is a compelling need for the private genetic information that substantially outweighs the potential harm to the privacy interests of the individual. (ii) An order compelling the disclosure of private genetic information pursuant to this subsection shall: (A) Limit disclosure to those parts of the record containing information essential to fulfill the objective of the order; (B) Limit disclosure to those persons whose need for the information is the basis of the order; and (C) Include such other measures as may be necessary to limit disclosure for the protection of the individual. (3) An employer who conducts DNA analysis for law enforcement purposes as a forensic laboratory or for the purposes of human remains identification may request or require genetic information of its employees or contractors but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. History: [39-8303, added 2006, ch. 293, sec. 1, p. 905; am. 2022, ch. 141, sec. 1, p. 512.]

39-8304

TITLE 39 HEALTH AND SAFETY CHAPTER 83 GENETIC TESTING PRIVACY ACT 39-8304. Enforcement. (1) Whenever the attorney general has reason to believe that any employer is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that employer: (a) To obtain a declaratory judgment that the act violates the provisions of this chapter; (b) To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (c) To recover on behalf of the state and its agencies actual damages or restitution; or (d) To recover civil penalties of up to twenty-five thousand dollars ($25,000) per violation and reasonable expenses, investigative costs and attorney’s fees. (2) The penalties provided in this section are in addition to any other available remedy at law or equity. (3) Any civil penalty imposed pursuant to this section shall be deposited in the state general fund. History: [39-8304, added 2006, ch. 293, sec. 1, p. 905.]

39-8305

TITLE 39 HEALTH AND SAFETY CHAPTER 83 GENETIC TESTING PRIVACY ACT 39-8305. PROHIBITION ON CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS TECHNOLOGIES. (1) No medical facility or research facility in the state of Idaho shall utilize genetic sequencers or operational or research software used for genetic analysis if the final product is produced in or by a foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign adversary, or a company-owned or company-controlled subsidiary or affiliate of a company domiciled within a foreign adversary for the purpose of conducting genetic analysis. Nothing in this section shall apply to final products that have been merely assembled within a foreign adversary or which subcomponent parts or inputs have been sourced from foreign adversaries but that are not produced by foreign adversary companies. Nothing in this section shall apply to companies domiciled within a foreign adversary but who are owned by or whom a controlling financial interest is held by a United States business or a business owned by a United States alliance country. (2) All genetic sequencers and operational and research software used for genetic sequencers or genetic analysis devices prohibited under subsection (1) of this section that is not permanently disabled shall be removed and replaced with genetic sequencers and operational and research software used for genetic sequencers or genetic analysis that is not prohibited under subsection (1) of this section. (3) Subject to appropriation, a medical facility or research facility in the state of Idaho may request a reimbursement up to the cost of replacement of the equipment and software prohibited under subsection (1) of this section from the state controller, provided the request includes purchase orders and is submitted by October 1, 2024. History: [39-8305, added 2024, ch. 318, sec. 4, p. 1054.]