02-24 14:04 H.B. 548
1
Genetic Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill addresses the use of genetic sequencing tools and the storage of genetic
6
sequencing data.
7
Highlighted Provisions:
8
This bill:
9
▸ defines terms;
10
▸ prohibits the use of certain genetic sequencers and genetic sequencing software;
11
▸ requires genetic sequencing data to be stored within the United States;
12
▸ requires relevant entities to certify compliance with genetic sequencing requirements;
13
▸ creates civil penalties for violations of genetic sequencing requirements; and
14
▸ authorizes the attorney general to investigate alleged violations of genetic sequencing
15
requirements.
16
Money Appropriated in this Bill:
17
None
18
Other Special Clauses:
19
None
20
Utah Code Sections Affected:
21
ENACTS:
22
26B-2-244, Utah Code Annotated 1953
23
24
Be it enacted by the Legislature of the state of Utah:
25
Section 1. Section 26B-2-244 is enacted to read:
26
26B-2-244 . Genetic sequencing -- Storage of genetic information -- Enforcement.
27
(1) As used in this section:
28
(a) "DNA" means deoxyribonucleic acid.
29
(b) "Domicile" means the country where:
30
(i) a company is registered and headquartered;
H.B. 548 H.B. 548 02-24 14:04
31
(ii) a company's affairs are primarily completed; or
32
(iii) the majority of a company's ownership share is held.
33
(c) "Foreign adversary" means a foreign adversary identified in 15 C.F.R. Sec. 791.4.
34
(d) "Genetic sequencer" means a device or platform used to conduct genetic sequencing,
35
resequencing, isolation, or other similar genetic research.
36
(e) "Genetic sequencing" means a method to determine the identity and order of
37
nucleotide bases in the human genome.
38
(f) "Genomic research facility" means a facility that conducts research on, with, or
39
relating to genetic sequencing or the human genome.
40
(g) "Human genome" means DNA found in human cells or RNA found in human cells.
41
(h) "Medical facility" means a facility for the delivery of health services that:
42
(i) receives public funds, including pass-through appropriations from the federal
43
government;
44
(ii) is registered to provide health care services in the state; or
45
(iii) conducts research or testing on, with, or relating to genetic sequencing or the
46
human genome.
47
(i) "Operational and research software" means a computer program used for the
48
operation, control, analysis, or other necessary functions of genetic sequencing or a
49
genetic sequencer.
50
(j) "RNA" means ribonucleic acid.
51
(k) "Software" means a program or routine, or a set of one or more programs or routines,
52
used or intended for use to cause one or more computers or pieces of
53
computer-related peripheral equipment, to perform a task or set of tasks related to
54
genetic sequencing or a genetic sequencer.
55
(2)(a) A medical facility or genomic research facility may not use a genetic sequencer or
56
operational and research software that is produced in or by a foreign adversary, a
57
foreign adversary's state-owned enterprise, a person domiciled within a foreign
58
adversary, or an owned or controlled subsidiary or affiliate of a person domiciled
59
within a foreign adversary.
60
(b) A medical facility or genomic research facility with a genetic sequencer or genetic
61
sequencing device prohibited under Subsection (2)(a) that is not permanently
62
disabled shall:
63
(i) remove or permanently disable the genetic sequencer or genetic sequencing
64
device; and
- 2 - 02-24 14:04 H.B. 548
65
(ii) use a genetic sequencer or genetic sequencing device that is not prohibited by
66
Subsection (2)(a).
67
(3)(a) A medical facility, genomic research facility, or other person that stores genetic
68
sequencing data shall store genetic sequencing data within the geographic boundaries
69
of the United States.
70
(b) Remote access to genetic sequencing data storage, other than open data, from outside
71
the United States is prohibited unless approved in writing by the department.
72
(c) A medical facility, genomic research facility, or other person that stores genetic
73
sequencing data, including through a contract with a third-party data storage
74
provider, shall ensure the security of the genetic sequencing data by using reasonable
75
encryption methods, restrictions on access, and other cybersecurity best practices.
76
(4)(a) Beginning December 31, 2025, and by December 31 of each subsequent year,
77
each medical facility and genomic research facility that is subject to this section shall
78
provide a sworn statement to the attorney general and the department confirming that
79
the medical facility or genomic research facility is in compliance with the
80
requirements of this section.
81
(b) A person that violates Subsection (2) is subject to a fine of $10,000 per violation,
82
enforceable beginning July 1, 2025.
83
(c) For the purposes of Subsection (4)(b), each unique instance of a human genome
84
undergoing genetic sequencing or analysis using a prohibited genetic sequencer or
85
prohibited operational and research software is a separate violation.
86
(d) A person that knowingly violates the provisions of Subsection (3) by storing genetic
87
sequencing data outside of the United States is subject to a fine of $10,000 per
88
violation, enforceable beginning July 1, 2025.
89
(5)(a) Any person may notify the attorney general of a violation or potential violation of
90
this section.
91
(b) An employer may not take an adverse employment action against an employee if:
92
(i) the employee notifies the attorney general of a violation or potential violation of
93
this section; and
94
(ii) the adverse employment action is based on the employee notifying the attorney
95
general regarding the violation.
96
(c) If an individual is a patient or research subject of a person that violates Subsection (2),
97
and the individual's genetic information was used in the violation, that individual is
98
entitled to recover statutory damages of not less than $1,000 for each unique use of
- 3 - H.B. 548 02-24 14:04
99
the individual's genomic information in violation of Subsection (2).
100
(d) If an individual is a patient or research subject of a person that violates Subsection (3),
101
and the individual's genetic information was used in the violation, that individual is
102
entitled to recover statutory damages of not less than $1,000 for each unique use of
103
the individual's genomic information in violation of Subsection (3).
104
(6) The attorney general may investigate alleged violations of this section and institute
105
appropriate actions regarding those suspected violations.
106
(7) If any provision of this section, or the application of any provision to any person or
107
circumstance, is held to be invalid, that holding does not affect the remainder of this
108
section or the application of this section's provisions to any other person or circumstance.
109
Section 2. Effective Date.
110
This bill takes effect on May 7, 2025.
- 4 -