AL
Alabama Senate Bill SB58

Alabama 2024 Regular Session

Alabama Senate Bill SB58 Compare Versions

Only one version of the bill is available at this time.
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33 SB58
44 YTEI66N-1
55 By Senators Orr, Melson
66 RFD: Banking and Insurance
77 First Read: 06-Feb-24
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1212 5 YTEI66N-1 01/25/2024 JC (L)tgw 2024-10
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1414 First Read: 06-Feb-24
1515 SYNOPSIS:
1616 Existing law does not provide general privacy
1717 protections for an individual's DNA.
1818 This bill would make it a crime, with exceptions
1919 including criminal investigation and certain legal
2020 proceedings, to collect, analyze, or transfer an
2121 individual's DNA without the individual's express
2222 consent. The bill would require notice to an individual
2323 of results of a genetic test undergone by the
2424 individual when applying for employment, a loan,
2525 credit, an educational opportunity, and certain types
2626 of insurance.
2727 This bill would also prohibit health, life, and
2828 long-term care insurers from using the results of an
2929 individual's DNA analysis to make coverage and premium
3030 decisions, and authorize the Commissioner of Insurance
3131 to enforce the prohibition.
3232 Section 111.05 of the Constitution of Alabama of
3333 2022, prohibits a general law whose purpose or effect
3434 would be to require a new or increased expenditure of
3535 local funds from becoming effective with regard to a
3636 local governmental entity without enactment by a 2/3
3737 vote unless: it comes within one of a number of
3838 specified exemptions; it is approved by the affected
3939 entity; or the Legislature appropriates funds, or
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6969 entity; or the Legislature appropriates funds, or
7070 provides a local source of revenue, to the entity for
7171 the purpose.
7272 The purpose or effect of this bill would be to
7373 require a new or increased expenditure of local funds
7474 within the meaning of the section. However, this bill
7575 does not require approval of a local government entity
7676 or enactment by a 2/3 vote to become effective because
7777 it comes within one of the specified exceptions
7878 contained in the section.
7979 A BILL
8080 TO BE ENTITLED
8181 AN ACT
8282 Relating to genetic privacy; to make it unlawful with
8383 certain exceptions to procure, use, or transfer an
8484 individual's DNA without the individual's express consent; to
8585 provide criminal penalties for violations; to prohibit
8686 entities that issue health, life, and long-term care insurance
8787 coverage from discriminating against individuals on the basis
8888 of genetic test results; and to authorize the Commissioner of
8989 Insurance to enforce the prohibition; and in connection
9090 therewith would have as its purpose or effect the requirement
9191 of a new or increased expenditure of local funds within the
9292 meaning of Section 111.05 of the Constitution of Alabama of
9393 2022.
9494 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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124124 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
125125 Section 1. For the purposes of Sections 1 and 2, the
126126 following terms have the following meanings:
127127 (1) DNA ANALYSIS. The medical and biological
128128 examination and analysis of an individual's DNA to identify
129129 the presence and composition of genes in that individual's
130130 body. The term includes DNA typing and genetic testing.
131131 (2) DNA SAMPLE. Any human biological specimen from
132132 which DNA can be extracted, or the DNA extracted from the
133133 specimen. The term does not include a routine chemical, blood,
134134 or urine analysis unless conducted for the purpose of DNA
135135 analysis.
136136 (3) EXCLUSIVE PROPERTY. The right of the individual
137137 whose DNA has been extracted or analyzed to exercise control
138138 over his or her DNA sample and any results of his or her DNA
139139 analysis with regard to the collection, use, retention,
140140 maintenance, disclosure, or destruction of the sample or
141141 analysis results.
142142 (4) EXPRESS CONSENT. An authorization by an individual
143143 whose DNA is to be extracted or analyzed, or by that
144144 individual's legal guardian or authorized representative,
145145 which is memorialized in writing or in an electronic format
146146 demonstrating an intentional decision, after the individual
147147 receives a clear and prominent disclosure in writing regarding
148148 the manner of collection, use, retention, maintenance, or
149149 disclosure of a DNA sample or results of a DNA analysis for
150150 specified purposes. A single express consent may authorize
151151 every instance of a specified purpose or use.
152152 Section 2. (a) Except as provided in this section or in
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182182 Section 2. (a) Except as provided in this section or in
183183 Section 3, an individual may only perform a DNA analysis with
184184 express consent. The results of a DNA analysis, whether held
185185 by a public or private entity, are the exclusive property of
186186 the individual tested, are confidential, and may not be
187187 disclosed without express consent.
188188 (b) A person who performs a DNA analysis or receives
189189 records, results, or findings of a DNA analysis shall provide
190190 the individual tested with notice in writing that the analysis
191191 was performed or that the records, results, or findings were
192192 received. The notice shall state any of the following that may
193193 be applicable under the express consent given by the
194194 individual:
195195 (1) That upon the written request of the individual
196196 tested, the information will be made available to his or her
197197 physician.
198198 (2)a. That if the DNA sample was taken and the DNA
199199 analysis was performed as part of the individual's application
200200 for an educational opportunity, employment, loan, mortgage,
201201 credit, or insurance other than health insurance, life
202202 insurance, or long-term care insurance, the notice shall state
203203 that the results of the DNA analysis were used in a decision
204204 to grant or deny the individual's application for any of the
205205 same.
206206 b. That if the information was used in any decision
207207 that resulted in a denial, the analysis shall be repeated to
208208 verify the accuracy of the first analysis, and if the first
209209 analysis is found to be inaccurate, the denial shall be
210210 reviewed.
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240240 reviewed.
241241 (c) This act does not apply to the collection of a DNA
242242 sample, performance of a DNA analysis, or the results of a DNA
243243 analysis used for the purposes of any of the following:
244244 (1) Criminal investigation or prosecution.
245245 (2) Compliance with a subpoena, summons, or other
246246 lawful court order.
247247 (3) Compliance with federal law.
248248 (4) Medical diagnosis, conducting quality assessments,
249249 improvement activities, or treatment of a patient when either
250250 of the following are true:
251251 a. Express consent for clinical laboratory analysis of
252252 the DNA sample was obtained by the health care practitioner
253253 who collected the DNA sample.
254254 b. The medical diagnosis, quality assessments,
255255 improvement activities, or treatment of a patient was
256256 performed by a clinical laboratory certified by the Centers
257257 for Medicare and Medicaid Services.
258258 (5) Determination of paternity pursuant to Chapter 17
259259 of Title 26 of the Code of Alabama 1975, or custody pursuant
260260 to Chapter 3 of Title 30 of the Code of Alabama 1975.
261261 (6) Any purpose authorized pursuant to Article 2 of
262262 Chapter 18 of Title 36, Code of Alabama 1975, or Section
263263 12-15-135, Code of Alabama 1975.
264264 (7) Conducting research, and designing and preparing
265265 the research, subject to the requirements of, and in
266266 compliance with, 21 C.F.R. Parts 50 and 56, and 45 C.F.R.
267267 Parts 46, 160, and 164; or using information that is
268268 deidentified consistent with 45 C.F.R. Parts 160 and 164 and
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298298 deidentified consistent with 45 C.F.R. Parts 160 and 164 and
299299 that is originally collected and maintained for research
300300 subject to the requirements of, and in compliance with, 21
301301 C.F.R. Parts 50 and 56, and 45 C.F.R. Parts 46, 160, and 164.
302302 Section 3. (a)(1) It is unlawful for a person to
303303 willfully, and without express consent, collect or retain an
304304 individual's DNA sample with the intent to perform DNA
305305 analysis.
306306 (2) A violation of this subsection is a Class A
307307 misdemeanor.
308308 (b)(1) It is unlawful for a person to willfully, and
309309 without express consent, submit an individual's DNA sample for
310310 DNA analysis or analyze an individual's DNA sample or arrange
311311 for the analysis of the same.
312312 (2) A violation of this subsection is a Class D felony.
313313 (c)(1) It is unlawful for a person to willfully, and
314314 without express consent, disclose an individual's DNA analysis
315315 results to a third party.
316316 (2) A violation of this subsection is a Class D felony.
317317 (3) It is not a violation of this subsection to
318318 disclose an individual's DNA analysis results if the results
319319 were previously voluntarily disclosed by either the individual
320320 whose DNA was analyzed or his or her legal guardian or
321321 authorized representative.
322322 (d)(1) It is unlawful for a person to willfully, and
323323 without express consent, sell or otherwise transfer an
324324 individual's DNA sample or the results of an individual's DNA
325325 analysis to a third party, regardless of whether the DNA
326326 sample was originally collected, retained, or analyzed with
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356356 sample was originally collected, retained, or analyzed with
357357 express consent.
358358 (2) A violation of this subsection is a Class C felony.
359359 (e) Each instance of collection or retention,
360360 submission or analysis, or disclosure, sale, or transfer in
361361 violation of this section constitutes a separate violation for
362362 which a separate penalty is authorized.
363363 Section 4. (a) For the purposes of this section, the
364364 following terms have the following meanings:
365365 (1) DNA Analysis. The same meaning as in Section 1 of
366366 this act.
367367 (2) GENETIC INFORMATION. Information derived from DNA
368368 analysis to determine the presence or absence of a
369369 scientifically identifiable gene, chromosome, or mutation,
370370 including carrier status, in an individual's DNA sample which
371371 is believed to cause a disease, disorder, or syndrome, or is
372372 associated with a statistically increased risk of developing
373373 the disease, disorder, or syndrome, for which the individual
374374 is asymptomatic at the time the DNA sample was taken.
375375 (3) HEALTH INSURER. Any person that offers for sale or
376376 administers a health insurance plan in this state, or
377377 contracts with health care providers to furnish specified
378378 health care services including hospital, physician, and
379379 medical treatment to enrollees covered under a health
380380 insurance plan, including preferred provider policies and
381381 health maintenance organization subscriber contracts.
382382 (4) LIFE INSURER. Any person that offers or administers
383383 contracts that pay money to a designated beneficiary in one
384384 lump sum or in installments upon the death of the insured,
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414414 lump sum or in installments upon the death of the insured,
415415 including annuity contracts, combined life and health and
416416 accident insurance, and including but not limited to those
417417 policies regulated by Chapters 15, 16, and 18 of Title 27,
418418 Code of Alabama 1975.
419419 (5) LONG-TERM CARE INSURER. Any person that offers or
420420 administers long-term care insurance policies as defined in
421421 Section 27-19-103, Code of Alabama 1975.
422422 (b)(1) In the absence of a diagnosis of a condition
423423 related to genetic information, a health insurer, life
424424 insurer, or long-term care insurer authorized to transact
425425 business in this state may not cancel, limit, or deny
426426 coverage, or establish differentials in premium rates, based
427427 on the information.
428428 (2) A health insurer, life insurer, or long-term care
429429 insurer may not require or solicit genetic information, use
430430 the results of DNA analysis, or consider an individual's
431431 decisions or actions relating to DNA analysis or genetic
432432 information provided to the individual in any manner for any
433433 insurance purpose.
434434 (3) This section does not apply to the underwriting or
435435 issuance of an accident-only policy, dental policy, vision
436436 policy, or supplemental insurance such as a hospital indemnity
437437 or fixed indemnity policy, or any other actions of an insurer
438438 directly related to an accident-only policy, dental policy,
439439 vision policy, or supplemental insurance such as a hospital
440440 indemnity or fixed indemnity policy.
441441 (4) Nothing in this section shall be construed as
442442 preventing a health insurer, life insurer, or long-term care
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472472 preventing a health insurer, life insurer, or long-term care
473473 insurer from accessing an individual's medical record as part
474474 of an application exam. Nothing in this section prohibits a
475475 health insurer, life insurer, or long-term care insurer from
476476 considering a medical diagnosis included in an individual's
477477 medical record, even if a diagnosis was made based on the
478478 results of a DNA analysis.
479479 (c) A certificate of authority issued by the Department
480480 of Insurance to an insurer is subject to suspension,
481481 revocation, or other administrative penalty provided by law at
482482 the discretion of the Commissioner of Insurance for any
483483 violation of this section.
484484 Section 5. Although this bill would have as its purpose
485485 or effect the requirement of a new or increased expenditure of
486486 local funds, this bill is excluded from further requirements
487487 and application under Section 111.05 of the Constitution of
488488 Alabama 2022, because the bill defines a new crime or amends
489489 the definition of an existing crime.
490490 Section 6. This act shall become effective on October
491491 1, 2024.
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