02-25 09:15 1st Sub. (Buff) H.B. 548
Walt Brooks proposes the following substitute bill:
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Genetic Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses the use of genetic sequencing tools and the storage of genetic
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sequencing data.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ prohibits the use of certain genetic sequencers and genetic sequencing software;
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▸ prohibits genetic sequencing data from being stored within the boundaries of a foreign
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adversary;
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▸ requires relevant entities to certify compliance with genetic sequencing requirements and
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imposes security requirements for the storage of genetic data;
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▸ creates civil penalties for violations of genetic sequencing requirements; and
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▸ authorizes the attorney general to investigate alleged violations of genetic sequencing
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requirements.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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26B-2-244, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-244 is enacted to read:
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26B-2-244 . Genetic sequencing -- Storage of genetic information -- Enforcement.
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(1) As used in this section:
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(a) "DNA" means deoxyribonucleic acid.
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(b) "Domicile" means the country where:
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(i) a company is registered and headquartered;
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(ii) a company's affairs are primarily completed; or
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(iii) the majority of a company's ownership share is held.
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(c) "Foreign adversary" means a foreign adversary identified in 15 C.F.R. Sec. 791.4.
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(d) "Genetic sequencer" means a device or platform used to conduct genetic sequencing,
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resequencing, isolation, or other similar genetic research.
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(e) "Genetic sequencing" means a method to determine the identity and order of
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nucleotide bases in the human genome.
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(f) "Genomic research facility" means a facility that conducts research on, with, or
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relating to genetic sequencing or the human genome.
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(g) "Human genome" means DNA found in human cells or RNA found in human cells.
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(h) "Medical facility" means a facility for the delivery of health services that:
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(i) receives public funds, including pass-through appropriations from the federal
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government;
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(ii) is registered to provide health care services in the state; or
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(iii) conducts research or testing on, with, or relating to genetic sequencing or the
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human genome.
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(i) "Operational and research software" means a computer program used for the
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operation, control, analysis, or other necessary functions of genetic sequencing or a
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genetic sequencer.
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(j) "RNA" means ribonucleic acid.
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(k) "Software" means a program or routine, or a set of one or more programs or routines,
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used or intended for use to cause one or more computers or pieces of
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computer-related peripheral equipment, to perform a task or set of tasks related to
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genetic sequencing or a genetic sequencer.
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(2)(a) A medical facility or genomic research facility may not use a genetic sequencer or
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operational and research software that is produced in or by a foreign adversary, a
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foreign adversary's state-owned enterprise, a person domiciled within a foreign
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adversary, or an owned or controlled subsidiary or affiliate of a person domiciled
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within a foreign adversary.
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(b) A medical facility or genomic research facility with a genetic sequencer or genetic
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sequencing device prohibited under Subsection (2)(a) that is not permanently
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disabled shall:
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(i) remove or permanently disable the genetic sequencer or genetic sequencing
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device; and
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(ii) use a genetic sequencer or genetic sequencing device that is not prohibited by
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Subsection (2)(a).
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(3)(a) A medical facility, genomic research facility, or other person that stores genetic
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sequencing data may not store the data within the boundaries of a foreign adversary.
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(b) Remote access to genetic sequencing data storage, other than open data, from outside
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the United States is prohibited unless approved in writing by the department.
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(c) A medical facility, genomic research facility, or other person that stores genetic
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sequencing data, including through a contract with a third-party data storage
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provider, shall ensure the security of the genetic sequencing data by using reasonable
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encryption methods, restrictions on access, and other cybersecurity best practices.
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(4)(a) Beginning December 31, 2025, and by December 31 of each subsequent year,
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each medical facility and genomic research facility that is subject to this section shall
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provide a sworn statement to the attorney general and the department confirming that
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the medical facility or genomic research facility is in compliance with the
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requirements of this section.
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(b) A person that violates Subsection (2) is subject to a fine of $10,000 per violation,
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enforceable beginning July 1, 2025.
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(c) For the purposes of Subsection (4)(b), each unique instance of a human genome
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undergoing genetic sequencing or analysis using a prohibited genetic sequencer or
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prohibited operational and research software is a separate violation.
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(d) A person that knowingly violates the provisions of Subsection (3) by storing genetic
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sequencing data outside of the United States is subject to a fine of $10,000 per
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violation, enforceable beginning July 1, 2025.
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(5)(a) Any person may notify the attorney general of a violation or potential violation of
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this section.
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(b) An employer may not take an adverse employment action against an employee if:
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(i) the employee notifies the attorney general of a violation or potential violation of
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this section; and
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(ii) the adverse employment action is based on the employee notifying the attorney
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general regarding the violation.
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(c) If an individual is a patient or research subject of a person that violates Subsection (2),
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and the individual's genetic information was used in the violation, that individual is
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entitled to recover statutory damages of not less than $1,000 for each unique use of
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the individual's genomic information in violation of Subsection (2).
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(d) If an individual is a patient or research subject of a person that violates Subsection (3),
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and the individual's genetic information was used in the violation, that individual is
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entitled to recover statutory damages of not less than $1,000 for each unique use of
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the individual's genomic information in violation of Subsection (3).
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(6) The attorney general may investigate alleged violations of this section and institute
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appropriate actions regarding those suspected violations.
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(7) If any provision of this section, or the application of any provision to any person or
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circumstance, is held to be invalid, that holding does not affect the remainder of this
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section or the application of this section's provisions to any other person or circumstance.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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