Relating to a property right in certain DNA samples; providing injunctive relief and a civil penalty; creating a criminal offense.
Impact
The bill will significantly impact state laws relating to the handling and rights of biological samples. Specifically, it introduces a structured legal framework that emphasizes informed consent, thereby enhancing protections for individuals concerning their genetic information. Any violation of these new property rights can result in civil penalties, which are designed to deter unauthorized use of DNA samples and ensure responsible handling by entities that may collect or analyze such samples.
Summary
House Bill 1220 establishes a property right in certain DNA samples provided by individuals, outlining the conditions under which such samples can be collected, tested, or retained. The bill specifies that an individual's DNA sample is considered their exclusive property, and consent is required for any collection, testing, or retention of the sample. This framework aims to protect individuals' rights over their biological information in the growing landscape of genetic testing and analysis.
Contention
One notable point of contention arises from the exceptions included in the bill, which allow for the collection of DNA for emergency medical treatment and law enforcement purposes. Critics may argue that these exceptions could undermine the effectiveness of the protections intended by the bill, as they may lead to potential misuse of DNA samples under these circumstances. Advocates for genetic privacy may push for stricter limitations or more comprehensive regulations to ensure that personal genetic information is adequately safeguarded.
Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.
Relating to an individual's genetic data, including the use of that data by certain genetic testing companies for commercial purposes and the individual's property right in DNA; authorizing a civil penalty.
Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.