Montana Code 30-23-102. Definitions
30-23-102. Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
Terms Used In Montana Code 30-23-102
- Consumer: means an individual who is a resident of this state. See Montana Code 30-23-102
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- DNA: means deoxyribonucleic acid. See Montana Code 30-23-102
- Entity: means a partnership, corporation, association, or public or private organization of any character that:
(a)offers consumer genetic testing products or services directly to a consumer; or
(b)collects, uses, or analyzes genetic data. See Montana Code 30-23-102
- Genetic data: means any data, regardless of format, concerning a consumer's genetic characteristics. See Montana Code 30-23-102
- Genetic testing: means :
(a)a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of a consumer; or
(b)an interpretation of a consumer's genetic data. See Montana Code 30-23-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, partnership, corporation, association, business, business trust, or legal representative of an organization. See Montana Code 30-23-102
- Processor: means a person that processes genetic data on behalf of an entity pursuant to a contract between the entity and the processor that prohibits the processor from retaining, using, or disclosing the genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract. See Montana Code 30-23-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Biological sample” means any human material known to contain DNA, including tissue, blood, urine, or saliva.
(2)”Consumer” means an individual who is a resident of this state.
(3)”DNA” means deoxyribonucleic acid.
(4)”Entity” means a partnership, corporation, association, or public or private organization of any character that:
(a)offers consumer genetic testing products or services directly to a consumer; or
(b)collects, uses, or analyzes genetic data.
(5)”Express consent” means a consumer’s affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.
(6)(a) “Genetic data” means any data, regardless of format, concerning a consumer’s genetic characteristics.
(b)The term includes but is not limited to:
(i)raw sequence data that result from sequencing all or a portion of a consumer’s extracted DNA;
(ii)genotypic and phenotypic information obtained from analyzing a consumer’s raw sequence data; and
(iii)self-reported health information regarding a consumer’s health conditions that the consumer provides to an entity that the entity:
(A)uses for scientific research or product development; and
(B)analyzes in connection with the consumer’s raw sequence data.
(7)”Genetic testing” means:
(a)a laboratory test of a consumer’s complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of a consumer; or
(b)an interpretation of a consumer’s genetic data.
(8)”Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(9)”Person” means an individual, partnership, corporation, association, business, business trust, or legal representative of an organization.
(10)”Processor” means a person that processes genetic data on behalf of an entity pursuant to a contract between the entity and the processor that prohibits the processor from retaining, using, or disclosing the genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract.
(11)”Third party” means a person other than the consumer, entity, or processor.