*EH1521.1*
April 4, 2025
ENGROSSED
HOUSE BILL No. 1521
_____
DIGEST OF HB 1521 (Updated April 3, 2025 11:22 am - DI 119)
Citations Affected: IC 22-9; IC 24-4.
Synopsis: Consumer genetic testing providers. Provides that a person
may not discriminate against an individual on the basis of the
individual's solicitation and use of consumer genetic testing services or
on the basis of the results of genetic testing performed by a provider of
consumer genetic testing services (provider). Requires a provider to
disclose specified information to an individual who submits biological
material to the provider for genetic testing. Prohibits a provider that
performs, or causes to be performed, genetic testing on an individual's
biological material from: (1) taking specified actions with regard to:
(A) the biological material; or (B) data resulting from genetic testing
performed on the biological material; unless the provider has solicited
(Continued next page)
Effective: Upon passage.
Pierce K, Morris, Commons
(SENATE SPONSORS — HUNLEY, JOHNSON T, BUCHANAN, KOCH,
FORD J.D., SPENCER)
January 21, 2025, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
February 6, 2025, amended, reported — Do Pass.
February 10, 2025, read second time, ordered engrossed.
February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Commerce and Technology.
April 3, 2025, amended, reported favorably — Do Pass.
EH 1521—LS 7089/DI 119 Digest Continued
and received the individual's consent to the action; or (2) providing
data, other than deidentified data, resulting from genetic testing
performed on the individual's biological material to: (A) an insurer; (B)
a business that provides information or data to insurers for the purposes
of underwriting or rating of risks; or (C) the individual's employer.
Imposes requirements on a provider with respect to: (1) controlling
access to an individual's biological material and data; (2) complying
with the individual's revocation of consent with regard to the
individual's biological material and data; and (3) marketing or
advertising sent to the individual as a result of the individual's
solicitation and use of the provider's genetic testing services or use of
a website or other remote or virtual service associated with the
provider's genetic testing services. Provides that a provider may not
charge a fee for the provision of biological material or data resulting
from genetic testing performed on biological material: (1) to a law
enforcement agency on the basis of a search warrant; or (2) as required
by a court order; that is more than the provider's actual cost of
providing the material or data. Provides for enforcement of the bill's
provisions by the attorney general.
EH 1521—LS 7089/DI 119EH 1521—LS 7089/DI 119 April 4, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1521
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-9-14 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]:
4 Chapter 14. Genetic Discrimination
5 Sec. 1. The definitions in IC 24-4-24 apply throughout this
6 chapter.
7 Sec. 2. A person may not discriminate against an individual on
8 the basis of the individual's solicitation and use of consumer
9 genetic testing services or on the basis of the results of genetic
10 testing performed by a consumer genetic testing provider,
11 including by discriminating against the individual in any of the
12 following ways:
13 (1) Denying the individual access to the person's goods or
14 services.
15 (2) Charging the individual a different rate for the person's
16 goods or services.
17 (3) Suggesting that the individual will be subject to any of the
EH 1521—LS 7089/DI 119 2
1 measures described in subdivisions (1) through (2).
2 SECTION 2. IC 24-4-24 IS ADDED TO THE INDIANA CODE AS
3 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
4 PASSAGE]:
5 Chapter 24. Consumer Genetic Testing Providers
6 Sec. 1. (a) As used in this chapter, "consumer genetic testing"
7 means a service in which a person:
8 (1) provides an individual with a means of submitting a
9 sample of the individual's biological material directly to the
10 person;
11 (2) performs, or causes to be performed, genetic testing on the
12 submitted biological material; and
13 (3) returns the results of the genetic testing directly to the
14 individual.
15 (b) The term does not include genetic testing:
16 (1) of biological material of a patient of a health care provider
17 (as defined in IC 16-18-2-163(a)), the collection and testing of
18 which is:
19 (A) performed at the request or direction of the health care
20 provider for the purpose of the diagnosis, cure, mitigation,
21 treatment, or prevention of a physical or mental illness,
22 injury, disease, disorder, or disability; and
23 (B) subject to the Health Insurance Portability and
24 Accountability Act (HIPAA) (P.L. 104-191);
25 (2) performed as required by a court order;
26 (3) performed for purposes of a law enforcement investigation
27 at the request or direction of a law enforcement agency;
28 (4) performed at the request or direction of a coroner or
29 medical examiner for purposes of investigating the cause of an
30 individual's death; or
31 (5) performed for purposes of research (as defined in 45 CFR
32 164.501) that is subject to:
33 (A) 21 CFR 50 and 21 CFR 56; or
34 (B) 45 CFR 46.
35 Sec. 2. As used in this chapter, "consumer genetic testing
36 provider" or "provider" means a person that, in the ordinary
37 course of the person's business:
38 (1) offers consumer genetic testing; or
39 (2) collects, uses, or analyzes genetic data that:
40 (A) results from a consumer genetic testing product or
41 service; and
42 (B) is provided to the person by a consumer;
EH 1521—LS 7089/DI 119 3
1 in exchange for consideration.
2 Sec. 3. As used in this chapter, "deidentified data" means data
3 that cannot reasonably be used to infer information about, or
4 otherwise be linked to, an identifiable consumer and that:
5 (1) is subject to:
6 (A) administrative and technical measures to ensure that
7 the data cannot be associated with a particular consumer;
8 (B) public commitment by the holder of the data to:
9 (i) maintain and use the data in deidentified form; and
10 (ii) not attempt to reidentify the data; and
11 (C) legally enforceable contractual obligations that
12 prohibit any recipients of the data from attempting to
13 reidentify the data; or
14 (2) meets requirements for deidentification of the data set
15 forth in 45 CFR 164.514.
16 Sec. 4. As used in this chapter, "DNA" has the meaning set forth
17 in IC 10-13-6-2.
18 Sec. 5. As used in this chapter, "genetic data" means any data,
19 regardless of format, that:
20 (1) results from the analysis of an individual's biological
21 material, including analysis of:
22 (A) the complete DNA;
23 (B) regions of the DNA;
24 (C) chromosomes;
25 (D) genes; or
26 (E) gene products; and
27 (2) concerns an individual's genetic characteristics.
28 The term does not include deidentified data.
29 Sec. 6. As used in this chapter, "genetic testing" means analysis
30 of genetic data.
31 Sec. 7. As used in this chapter, "insurer" has the meaning set
32 forth in IC 27-1-2-3.
33 Sec. 8. (a) A consumer genetic testing provider may not
34 perform, or cause to be performed, genetic testing on an
35 individual's biological material unless the provider has provided
36 the individual with a written disclosure of the provider's privacy
37 policy, including the provider's policies and procedures regarding
38 the provider's collection, maintenance, security, retention, and use
39 of both biological material sent to the provider and data resulting
40 from genetic testing performed on the biological material.
41 (b) The disclosure under subsection (a) must include complete
42 information regarding the following:
EH 1521—LS 7089/DI 119 4
1 (1) The identity of any third party that may perform genetic
2 testing on biological material sent to the third party by the
3 provider.
4 (2) The manner in which:
5 (A) biological material sent to the provider; and
6 (B) data resulting from genetic testing performed on
7 biological material sent to the provider;
8 is stored, transferred, and secured.
9 (3) Any:
10 (A) testing or analysis that the provider performs or causes
11 to be performed on; or
12 (B) other purpose for which the provider uses;
13 biological material sent by an individual to the provider that
14 is in addition to the genetic testing requested by the
15 individual.
16 (4) The:
17 (A) identity of any third party to which the provider
18 provides access to:
19 (i) biological material sent to the provider; or
20 (ii) data resulting from genetic testing performed on
21 biological material sent to the provider; and
22 (B) purpose for which the third party uses the biological
23 material or data.
24 (c) A consumer genetic testing provider shall:
25 (1) publish the disclosure described in subsection (a) on the
26 provider's website; and
27 (2) include on the provider's website prominent directions and
28 hyperlinks to the location of the disclosure on the provider's
29 website.
30 Sec. 9. (a) A consumer genetic testing provider that performs,
31 or causes to be performed, genetic testing on an individual's
32 biological material may not take any of the following actions unless
33 the provider has solicited and received the individual's freely given,
34 specific, informed, and unambiguous consent to the action:
35 (1) Perform, or cause to be performed, any testing or analysis
36 of the individual's biological material that is not requested by
37 the individual except as required to comply with state and
38 federal law.
39 (2) Use the individual's biological material for any use other
40 than the genetic testing requested by the individual.
41 (3) Subject to section 10(b) of this chapter, provide access by
42 a third party to:
EH 1521—LS 7089/DI 119 5
1 (A) the individual's biological material; or
2 (B) data, other than deidentified data, resulting from
3 genetic testing performed on the individual's biological
4 material.
5 (4) Retain the individual's biological material for more than
6 thirty (30) days after the performance of the genetic testing
7 requested by the individual, except as required to comply with
8 state or federal law.
9 (5) Retain data, other than deidentified data, resulting from
10 genetic testing performed on the individual's biological
11 material for more than thirty (30) days after the completion
12 of the service except as required to comply with state and
13 federal law.
14 (6) Disseminate advertising or marketing communications to
15 the individual based on the individual's genetic testing results.
16 (7) Provide information regarding the individual's:
17 (A) solicitation and use of the provider's genetic testing
18 services; or
19 (B) use of the provider's:
20 (i) website; or
21 (ii) other remote or virtual services;
22 associated with the provider's genetic testing services;
23 to a third party to enable the third party to disseminate
24 advertising or marketing communications to the individual.
25 (b) A provider's solicitation of an individual's consent to an
26 action described in subsection (a) must:
27 (1) describe the action in terms that are sufficiently clear and
28 concise as to be reasonably understandable by a person of
29 ordinary intelligence; and
30 (2) solicit the individual's consent to the action separately
31 from a solicitation of the individual's consent to any other
32 action described in subsection (a).
33 (c) Consent to an action under subsection (a) is not freely given,
34 specific, informed, and unambiguous if the consent is provided by
35 any of the following means:
36 (1) The individual's inaction.
37 (2) The individual's acceptance of:
38 (A) general or broad terms of service; or
39 (B) any other document requiring agreement by an
40 individual using the provider's services;
41 containing information unrelated to the action under
42 subsection (a).
EH 1521—LS 7089/DI 119 6
1 (3) The individual closing, muting, pausing, or hovering a
2 computer cursor over a piece of content.
3 (4) The individual's communication of consent through an
4 Internet user interface that is designed or manipulated with
5 the substantial effect of subverting or impairing user
6 autonomy, decision making, or choice.
7 Sec. 10. (a) A consumer genetic testing provider that performs,
8 or causes to be performed, genetic testing on an individual's
9 biological material shall do the following:
10 (1) Implement commercially reasonable security measures to
11 protect:
12 (A) the individual's biological material; and
13 (B) data resulting from genetic testing performed on the
14 individual's biological material;
15 from unauthorized access, destruction, use, modification, or
16 disclosure.
17 (2) Allow the individual access to any data resulting from
18 genetic testing performed on the individual's biological
19 material.
20 (3) Provide the following:
21 (A) A procedure by which the individual can revoke any
22 consent provided by the individual under section 9 of this
23 chapter. The procedure must enable the individual to
24 communicate the revocation:
25 (i) directly to the provider; and
26 (ii) through one (1) or more means, at least one (1) of
27 which must be the primary means by which the provider
28 communicates with the individual.
29 (B) Both:
30 (i) notice of the existence of; and
31 (ii) instructions regarding the use of;
32 the procedure under clause (A) that are sufficiently clear
33 and concise as to be reasonably understandable by a
34 person of ordinary intelligence.
35 (4) Comply with a revocation of consent by the individual not
36 later than thirty (30) days after the individual communicates
37 the revocation to the provider, including by:
38 (A) destroying the individual's biological material not later
39 than thirty (30) days after the individual revokes the
40 individual's consent to the provider's retention of the
41 biological material under section 9(a)(4) of this chapter;
42 and
EH 1521—LS 7089/DI 119 7
1 (B) destroying any data resulting from genetic testing
2 performed on the individual's biological material not later
3 than thirty (30) days after the individual revokes the
4 individual's consent to the provider's retention of the data
5 under section 9(a)(5) of this chapter.
6 (5) Provide a third party with access to the individual's
7 biological material, or to data resulting from genetic testing
8 performed on the individual's biological material, only under
9 contractual terms that prohibit the third party from:
10 (A) using the biological material or data for any use to
11 which the individual has not consented under section 9 of
12 this chapter;
13 (B) providing another party with access to the biological
14 material or data; or
15 (C) retaining the biological material or data longer than
16 the provider is authorized to retain the biological material
17 or data under this chapter.
18 (6) Ensure that:
19 (A) any advertising or marketing communications sent to
20 the individual as a result of the individual's:
21 (i) solicitation and use of the provider's services; or
22 (ii) use of the provider's website or other remote or
23 virtual services;
24 are clearly and prominently denoted as advertising or
25 marketing materials; and
26 (B) advertising or marketing communications described in
27 clause (A) that are sent by a third party clearly and
28 prominently:
29 (i) identify the third party; and
30 (ii) notify the individual that any claims made in the
31 advertising or marketing communications have not been
32 evaluated by the provider.
33 (b) A consumer genetic testing provider may not provide data,
34 other than deidentified data, resulting from genetic testing
35 performed on an individual's biological material to:
36 (1) an insurer;
37 (2) a person that, in the ordinary course of the person's
38 business, provides information or data to insurers for the
39 purposes of underwriting or rating of risks; or
40 (3) a person that employs the individual;
41 regardless of whether the individual has consented to the provider
42 providing third parties with access to the data under section 9(a)(3)
EH 1521—LS 7089/DI 119 8
1 of this chapter.
2 (c) A consumer genetic testing provider may not charge a fee for
3 the provision of biological material or for the provision of data
4 resulting from genetic testing performed on biological material:
5 (1) to a law enforcement agency on the basis of a search
6 warrant; or
7 (2) as required by a court order;
8 that is more than the actual cost, not including labor costs or
9 overhead costs, to the consumer genetic testing provider of
10 providing the material or data.
11 Sec. 11. (a) The attorney general has exclusive authority to
12 enforce the provisions of this chapter.
13 (b) The attorney general may initiate an action in the name of
14 the state and may seek an injunction to restrain any violations of
15 this chapter and a civil penalty not to exceed seven thousand five
16 hundred dollars ($7,500) for each violation under this chapter.
17 (c) The attorney general may recover reasonable expenses
18 incurred in investigating and preparing the case, including
19 attorney's fees, in any action initiated under this section.
20 (d) Before initiating an action under this section, the attorney
21 general shall provide a provider thirty (30) days written notice
22 identifying the specific provisions of this chapter that the attorney
23 general alleges have been or are being violated. If, within the thirty
24 (30) day period set forth in this subsection, the provider:
25 (1) cures the alleged violation; and
26 (2) provides the attorney general an express written statement
27 that:
28 (A) the alleged violation has been cured; and
29 (B) actions have been taken to ensure no further such
30 violations will occur;
31 the attorney general shall not initiate an action against the
32 provider.
33 (e) If a provider:
34 (1) continues an alleged violation following the thirty (30) day
35 period set forth in subsection (d); or
36 (2) breaches an express written statement provided to the
37 attorney general under subsection (d)(2);
38 the attorney general may initiate an action against the provider
39 under subsection (b).
40 (f) Nothing in this section may be construed as providing the
41 basis for a private right of action for violations of this chapter or
42 any other law.
EH 1521—LS 7089/DI 119 9
1 SECTION 3. An emergency is declared for this act.
EH 1521—LS 7089/DI 119 10
COMMITTEE REPORT
Mr. Speaker: Your Committee on Commerce, Small Business and
Economic Development, to which was referred House Bill 1521, has
had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended
as follows:
Page 8, after line 24, begin a new paragraph and insert:
"SECTION 2. IC 35-45-19-1.5, AS ADDED BY P.L.47-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.5. As used in this chapter, "human remains"
means any part of the body of a deceased human being:
(1) in any:
(A) stage of decomposition; or
(B) state of preservation; or
(2) that indicate unique deoxyribonucleic acid (DNA).
SECTION 3. IC 35-45-19-3, AS AMENDED BY P.L.47-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. A person who:
(1) observes, discovers, or handles human remains when it
appears the deceased person died:
(A) by violence, suicide, or accident;
(B) suddenly, while in apparent good health;
(C) while unattended;
(D) from poisoning or an overdose of drugs;
(E) as the result of a disease that may constitute a threat to
public health;
(F) as the result of:
(i) a disease;
(ii) an injury;
(iii) a toxic effect; or
(iv) unusual exertion;
incurred within the scope of the deceased person's
employment;
(G) due to sudden infant death syndrome;
(H) as the result of a diagnostic or therapeutic procedure; or
(I) under any other suspicious or unusual circumstances; and
(2) knowingly or intentionally fails to report the observation,
discovery, or handling of the human remains to a:
(A) public safety officer;
(B) coroner;
(C) funeral director;
EH 1521—LS 7089/DI 119 11
(D) physician; or
(E) 911 telephone call center;
within three (3) hours after finding the human remains;
commits failure to report the observation, discovery, or handling of
human remains, a Class A misdemeanor.".
and when so amended that said bill do pass.
(Reference is to HB 1521 as introduced.)
MORRIS
Committee Vote: yeas 9, nays 0.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Commerce and
Technology, to which was referred Engrossed House Bill No. 1521, has
had the same under consideration and begs leave to report the same
back to the Senate with the recommendation that said bill be
AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 22-9-14 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 14. Genetic Discrimination
Sec. 1. The definitions in IC 24-4-24 apply throughout this
chapter.
Sec. 2. A person may not discriminate against an individual on
the basis of the individual's solicitation and use of consumer
genetic testing services or on the basis of the results of genetic
testing performed by a consumer genetic testing provider,
including by discriminating against the individual in any of the
following ways:
(1) Denying the individual access to the person's goods or
services.
(2) Charging the individual a different rate for the person's
goods or services.
(3) Suggesting that the individual will be subject to any of the
measures described in subdivisions (1) through (2).".
Page 1, line 2, delete "JULY" and insert "UPON PASSAGE]:".
EH 1521—LS 7089/DI 119 12
Page 1, delete line 3.
Page 8, delete lines 25 through 42, begin a new paragraph and
insert:
"SECTION 3. An emergency is declared for this act.".
Delete page 9.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1521 as printed February 6, 2025.)
BUCHANAN, Chairperson
Committee Vote: Yeas 10, Nays 1.
EH 1521—LS 7089/DI 119