Virginia Code 59.1-597: Other requirements applicable to direct-to-consumer genetic testing companies
Current as of: 2023 | Check for updates
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Every direct-to-consumer genetic testing company shall:
Terms Used In Virginia Code 59.1-597
- Biological sample: means any material part of the human, discharge therefrom, or derivative thereof, such as tissue, blood, urine, or saliva, known to contain deoxyribonucleic acid (DNA). See Virginia Code 59.1-593
- Consumer: means a natural person who is a resident of the Commonwealth. See Virginia Code 59.1-593
- Direct-to-consumer genetic testing company: means an entity that (i) offers consumer-initiated genetic testing products or services directly to a consumer or (ii) collects, uses, or analyzes genetic data that is collected or derived from a direct-to-consumer genetic testing product or service and is directly provided by a consumer. See Virginia Code 59.1-593
- Express consent: means a consumer's affirmative authorization to grant permission in response to a clear, meaningful, and prominent notice regarding the collection, use, maintenance, or disclosure of genetic data for a specific purpose. See Virginia Code 59.1-593
- Genetic data: includes uninterpreted data that results from the analysis of the biological sample and any information extrapolated, derived, or inferred therefrom. See Virginia Code 59.1-593
- Genetic testing: means any laboratory test of a biological sample from a consumer for the purpose of determining information concerning genetic material contained within the biological sample, or any information extrapolated, derived, or inferred therefrom. See Virginia Code 59.1-593
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1. Implement and maintain reasonable security procedures and practices to protect a consumer‘s genetic data against unauthorized access, destruction, use, modification, or disclosure; and
2. Develop procedures and practices to allow a consumer to easily (i) access the consumer’s genetic data; (ii) delete the consumer’s genetic data, except any data required by state or federal law to be retained by the direct-to-consumer genetic testing company and any account the consumer may have created with the direct-to-consumer genetic testing company; and (iii) revoke express consent to storage of the consumer’s biological sample and request destruction of such biological sample.
2023, c. 526.