Genetic procedure: means any therapy, treatment, or medical procedure that is intended to:
(a)
add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
(b)
replace, supersede, or bypass a normal DNA function. See Utah Code 13-60-203
genetic test: means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 13-60-203
Private genetic information: means any information about an identifiable individual that:
(i)
is derived from:
(A)
the presence, absence, alteration, or mutation of an inherited gene or genes; or
(B)
the presence or absence of a specific DNA marker or markers; and
(ii)
has been obtained:
(A)
from a genetic test or analysis of the individual's DNA;
(B)
from a genetic test or analysis of the DNA of a blood relative of the individual; or
access or otherwise take into consideration private genetic information about an individual;
(b)
request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;
(c)
request or require an individual or the individual’s blood relative to submit to:
(i)
a genetic test; or
(ii)
a genetic procedure; or
(d)
inquire into or otherwise take into consideration the fact that an individual or the individual’s blood relative has:
(i)
taken or refused to take a genetic test; or
(ii)
undergone or refused to undergo a genetic procedure.
(2)
(a)
Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with:
(i)
an employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or
(ii)
an employment-related decision in which the employer has a reasonable basis to believe that the individual’s health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
(b)
(i)
An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that:
(A)
other ways of obtaining the private information are not available or would not be effective; and
(B)
there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual.
(ii)
An order compelling the disclosure of private genetic information pursuant to this Subsection (2) shall:
(A)
limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;
(B)
limit disclosure to those persons whose need for the information is the basis of the order; and
(C)
include such other measures as may be necessary to limit disclosure for the protection of the individual.
Renumbered and Amended by Chapter 327, 2023 General Session
