Text: S05048                            Text: S05050
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5049

Amendment Text

PAG LIN
  1  1    Amend Senate File 2324 as follows:
  1  2    #1.  Page 1, by inserting after line 22 the
  1  3 following:
  1  4    "Sec.    .  Section 216.6, subsection 1, paragraph
  1  5 a, Code 1999, is amended to read as follows:
  1  6    a.  Person to refuse to hire, accept, register,
  1  7 classify, or refer for employment, to discharge any
  1  8 employee, or to otherwise discriminate in employment
  1  9 against any applicant for employment or any employee
  1 10 because of the age, race, creed, color, sex, national
  1 11 origin, religion, genetic test results, or disability
  1 12 of such applicant or employee, unless based upon the
  1 13 nature of the occupation.  If a person with a
  1 14 disability is qualified to perform a particular
  1 15 occupation, by reason of training or experience, the
  1 16 nature of that occupation shall not be the basis for
  1 17 exception to the unfair or discriminating practices
  1 18 prohibited by this subsection.
  1 19    Sec.    .  NEW SECTION.  514L.1  DISCLOSURE OF
  1 20 GENETIC INFORMATION PROHIBITED.
  1 21    1.  The results of a genetic test are confidential
  1 22 information and shall not be disclosed by an insurer
  1 23 without the written consent of the individual to whom
  1 24 the test relates, such individual's legal guardian, or
  1 25 such individual's parent if the individual is a minor.
  1 26    2.  An insurer shall not deny the issuance or
  1 27 renewal of a contract or policy, or deny coverage
  1 28 under an existing contract or policy based upon the
  1 29 results of a genetic test.
  1 30    3.  For purposes of this section, unless the
  1 31 context otherwise requires:
  1 32    a.  "Genetic test" means a laboratory test of human
  1 33 chromosomes, genes, or gene products that is used to
  1 34 identify the presence or absence of inherited or
  1 35 congenital alterations in genetic material that are
  1 36 associated with a disease or illness.
  1 37    b.  "Insurer" means all of the following:
  1 38    (1)  A company or association organized under
  1 39 chapter 508, 511, 512A, 512B, 514, 514B, or 515, that
  1 40 delivers, issues for delivery, continues, or renews a
  1 41 contract or policy including any of the following:
  1 42    (a)  Individual accident and sickness insurance
  1 43 providing coverage on an expense-incurred basis.
  1 44    (b)  Individual hospital or medical service
  1 45 contract.
  1 46    (c)  An individual health maintenance organization
  1 47 contract.
  1 48    (d)  An individual or group life insurance
  1 49 contract.
  1 50    (2)  Any other entity engaged in the business of
  2  1 insurance, risk transfer, or risk retention, which is
  2  2 subject to the jurisdiction of the commissioner.
  2  3    (3)  A plan established pursuant to chapter 509A
  2  4 for public employees.
  2  5    (4)  An organized delivery system licensed by the
  2  6 director of public health.
  2  7    Sec.    .  NEW SECTION.  727.12  DISCLOSURE OF
  2  8 GENETIC TEST INFORMATION – PENALTY.
  2  9    A person who has, or is granted, access to the
  2 10 results of an individual's genetic test shall not
  2 11 disclose any information relating to such test to any
  2 12 other person, except to the extent permitted by the
  2 13 individual as evidenced by the individual's written
  2 14 consent.  A person who violates this section commits a
  2 15 simple misdemeanor."
  2 16    #2.  Title page, line 1, by striking the words "to
  2 17 DNA profiling" and inserting the following:  "genetic
  2 18 information and providing a penalty".  
  2 19 
  2 20 
  2 21                               
  2 22 JOHNIE HAMMOND
  2 23 JOE BOLKCOM
  2 24 ROBERT E. DVORSKY
  2 25 SF 2324.801 78
  2 26 pf/cf
     

Text: S05048                            Text: S05050
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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