House File 214 - Introduced



                                   HOUSE FILE       
                                   BY  JOCHUM


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to genetic testing, by regulating genetic testing
  2    and information, prohibiting certain uses by employers,
  3    insurers, and others, and providing exceptions and remedies.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1650HH 81
  6 eg/cf/24

PAG LIN



  1  1    Section 1.  Section 729.6, Code 2005, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    729.6  TITLE OF ACT.
  1  5    This subchapter shall be known and may be cited as the
  1  6 "Genetic Testing Act".
  1  7    Sec. 2.  NEW SECTION.  729.7  DEFINITIONS.
  1  8    As used in this subchapter, unless the context otherwise
  1  9 requires:
  1 10    1.  "Employer" means the same as defined in section 216.2.
  1 11    2.  "Employment agency" means the same as as defined in
  1 12 section 94A.1.
  1 13    3.  "Genetic information" means information about genes,
  1 14 gene product, or inherited characteristics that may derive
  1 15 from an individual or an individual's family member.
  1 16    4.  "Genetic testing" means the analysis of an individual's
  1 17 deoxyribonucleic acid, ribonucleic acid, chromosomes,
  1 18 proteins, and certain metabolites in order to detect heritable
  1 19 disease=related genotypes, mutations, phenotypes, or
  1 20 karyotypes for clinical purposes, including predicting risk of
  1 21 disease, identifying carriers, and establishing prenatal and
  1 22 clinical diagnosis or prognosis.  "Genetic testing" includes
  1 23 prenatal, newborn, and carrier screening, and testing in high=
  1 24 risk families if a parent or guardian approves a release for
  1 25 such screening or testing.  "Genetic testing" includes tests
  1 26 for metabolites if the tests are undertaken with high
  1 27 probability that an excess of deficiency of the metabolite
  1 28 indicates the presence of heritable mutations in single genes.
  1 29 "Genetic testing" does not mean routine physical measurement,
  1 30 a routine chemical, blood, or urine analysis, or a test for
  1 31 drugs or for human immunodeficiency virus infections.
  1 32    5.  "Labor organization" means the same as defined in
  1 33 section 216.2.
  1 34    6.  "Licensing agency" means a board, commission,
  1 35 committee, council, department, examining board, or officer,
  2  1 except a judicial officer, in the state, or in a city, county,
  2  2 township, or local government, authorized to grant, deny,
  2  3 renew, revoke, suspend, annul, withdraw, or amend a license or
  2  4 certificate of registration.
  2  5    Sec. 3.  NEW SECTION.  729.8  CONSENT FOR GENETIC TESTING
  2  6 == EXCEPTIONS.
  2  7    1.  A person shall not obtain genetic information or
  2  8 samples for genetic testing from an individual without first
  2  9 obtaining informed and written consent from the individual or
  2 10 the individual's authorized representative.
  2 11    2.  A person shall not perform genetic testing of an
  2 12 individual or collect, retain, transmit, or use genetic
  2 13 information without the informed and written consent of the
  2 14 individual or the individual's authorized representative.
  2 15    3.  The following exceptions apply to the prohibitions in
  2 16 subsections 1 and 2:
  2 17    a.  To the extent that genetic information or the results
  2 18 of genetic testing may be collected, retained, transmitted, or
  2 19 used without the individual's written and informed consent
  2 20 pursuant to federal or other state law.
  2 21    b.  To identify an individual in the course of a criminal
  2 22 investigation by a law enforcement agency.
  2 23    c.  To identify deceased individuals.
  2 24    d.  To establish parental identity.
  2 25    e.  To screen newborns.
  2 26    f.  By medical repositories or registries.
  2 27    g.  For the purposes of medical or scientific research and
  2 28 education.
  2 29    Sec. 4.  NEW SECTION.  729.9  PROHIBITED USE BY INSURER.
  2 30    1.  a.  Insurance administrators, health plans, and health
  2 31 insurers shall not release genetic information without prior
  2 32 written authorization of the individual.  Written
  2 33 authorization shall be required for each disclosure and shall
  2 34 include the person to whom the disclosure is being made.
  2 35    b.  The following exceptions apply to the requirement in
  3  1 paragraph "a":
  3  2    (1)  Those participating in research settings, including
  3  3 those governed by the federal policy for the protection of
  3  4 human research subjects.
  3  5    (2)  Tests conducted purely for research, tests for somatic
  3  6 as opposed to heritable mutations, and testing for forensic
  3  7 purposes.
  3  8    (3)  Newborn screening.
  3  9    (4)  Paternity testing.
  3 10    (5)  Criminal investigations.
  3 11    2.  a.  An insurer shall not discriminate against an
  3 12 individual or a member of the individual's family on the basis
  3 13 of genetic information or genetic testing.
  3 14    b.  This section does not require a health insurer to
  3 15 provide particular benefits other than those provided under
  3 16 the terms of the insurer's plan or coverage.  A health insurer
  3 17 shall not consider a genetic propensity, susceptibility, or
  3 18 carrier status as a preexisting condition for the purpose of
  3 19 limiting or excluding benefits, establishing rates, or
  3 20 providing coverage.
  3 21    c.  An insurer shall not use genetic information or genetic
  3 22 testing for underwriting health insurance in the individual
  3 23 and group markets.
  3 24    Sec. 5.  NEW SECTION.  729.10  PROHIBITED USE BY EMPLOYER.
  3 25    Except as otherwise required by federal law, an employer
  3 26 shall not do any of the following:
  3 27    1.  Except as provided in section 729.8 2, directly or
  3 28 indirectly acquire or have access to any genetic information
  3 29 concerning an employee or applicant for employment, or the
  3 30 genetic information of a member of the employee's or
  3 31 applicant's family.
  3 32    2.  Fail or refuse to hire, recruit, or promote an
  3 33 individual because of genetic information that is unrelated to
  3 34 the individual's ability to perform the duties of a particular
  3 35 job or position.
  4  1    3.  Discharge or otherwise discriminate against an
  4  2 individual with respect to compensation or the terms,
  4  3 conditions, or privileges of employment, because of genetic
  4  4 information that is unrelated to the individual's ability to
  4  5 perform the duties of a particular job or position.
  4  6    4.  Limit, segregate, or classify an employee or applicant
  4  7 for employment in a way that deprives or tends to deprive the
  4  8 employee or applicant of employment opportunities or otherwise
  4  9 adversely affects the status of an employee because of genetic
  4 10 information that is unrelated to the employee's ability to
  4 11 perform the duties of a particular job or position.
  4 12    5.  Fail or refuse to hire, recruit, or promote an
  4 13 individual on the basis of physical or mental examinations
  4 14 that are not directly related to the requirements of a
  4 15 particular job or position.
  4 16    6.  Discharge or take other discriminatory action against
  4 17 an individual on the basis of physical or mental examinations
  4 18 that are not directly related to the requirements of a
  4 19 particular job or position.
  4 20    7.  Fail or refuse to hire, recruit, or promote an
  4 21 individual when adaptive devices or aids may be utilized
  4 22 thereby enabling that individual to perform the specific
  4 23 requirements of a particular job or position.
  4 24    8.  Discharge or take other discriminatory action against
  4 25 an individual when adaptive devices or aids may be utilized
  4 26 thereby enabling the individual to perform the specific
  4 27 requirements of a particular job or position.
  4 28    9.  Require an individual to submit to a genetic test or to
  4 29 provide genetic information as a condition of obtaining or
  4 30 maintaining employment, or of promotion.
  4 31    Sec. 6.  NEW SECTION.  729.11  VOLUNTARY GENETIC TESTING.
  4 32    1.  Section 729.10 does not prohibit the genetic testing of
  4 33 an employee who requests a genetic test and provides written
  4 34 and informed consent pursuant to section 729.8 for the
  4 35 following purposes:
  5  1    a.  Investigating a workers' compensation claim under
  5  2 chapter 85, 85A, 85B, or 86.
  5  3    b.  Determining the employee's susceptibility or level of
  5  4 exposure to potentially toxic chemicals or potentially toxic
  5  5 substances in the workplace.  However, the employer shall not
  5  6 terminate the employee, or take any other action that
  5  7 adversely affects any term, condition, or privilege of the
  5  8 employee's employment as a result of the genetic test.
  5  9    2.  An employee may voluntarily provide to an employer
  5 10 genetic information that is related to the employee's health
  5 11 or safety in the workplace.  An employer may use genetic
  5 12 information received from an employee under this subsection to
  5 13 protect the employee's health or safety.
  5 14    Sec. 7.  NEW SECTION.  729.12  PROHIBITED USE BY EMPLOYMENT
  5 15 AGENCY, LABOR ORGANIZATION, OR LICENSING AGENCY.
  5 16    An employment agency, labor organization, or licensing
  5 17 agency, or its employees, agents, or members shall not
  5 18 directly or indirectly do any of the following:
  5 19    1.  Solicit, require, or administer a genetic test to a
  5 20 person as a condition of preemployment application, labor
  5 21 organization membership, or licensure.
  5 22    2.  Affect the terms, conditions, or privileges of
  5 23 preemployment application, labor organization membership, or
  5 24 licensure, or terminate the labor organization membership, or
  5 25 licensure of any person who obtains a genetic test.
  5 26    Sec. 8.  NEW SECTION.  729.13  ADDITIONAL PROHIBITIONS.
  5 27    1.  Except as provided in section 729.11, a person shall
  5 28 not sell to or interpret for an employer, employment agency,
  5 29 labor organization, or licensing agency, or its employees,
  5 30 agents, or members, a genetic test of an employee, labor
  5 31 organization member, or licensee, or of a prospective
  5 32 employee, member, or licensee.
  5 33    2.  An agreement between a person and an employer,
  5 34 prospective employer, employment agency, labor organization,
  5 35 or licensing agency, or its employees, agents, or members
  6  1 offering the person employment, labor organization membership,
  6  2 licensure, or any pay or benefit in return for taking a
  6  3 genetic test is prohibited.
  6  4    Sec. 9.  NEW SECTION.  729.14  FILING A COMPLAINT ==
  6  5 DISCRIMINATION.
  6  6    An employee, labor organization member, or licensee, or
  6  7 prospective employee, member, or licensee who acted in good
  6  8 faith shall not be discharged, disciplined, or discriminated
  6  9 against in any manner for filing a complaint or testifying in
  6 10 any proceeding or action involving a violation of this
  6 11 subchapter.  An employee, labor organization member, or
  6 12 licensee, or prospective employee, member, or licensee who is
  6 13 discharged, disciplined, or otherwise discriminated against in
  6 14 violation of this section shall be compensated by the
  6 15 employer, employment agency, labor organization, or licensing
  6 16 agency in the amount of any loss of wages and benefits arising
  6 17 out of the discrimination.
  6 18    Sec. 10.  NEW SECTION.  729.15  CIVIL ACTION.
  6 19    1.  This subchapter may be enforced through a civil action.
  6 20 An individual whose rights under this section have been
  6 21 violated may recover damages and be granted equitable relief
  6 22 in a civil action according to this subsection.
  6 23    a.  A person who violates this subchapter or who aids in
  6 24 the violation of this subchapter is liable to an aggrieved
  6 25 employee, labor organization member, or licensee, or aggrieved
  6 26 prospective employee, member, or licensee, for affirmative
  6 27 relief including reinstatement or hiring, with or without back
  6 28 pay, membership, licensing, or any other equitable relief as
  6 29 the court deems appropriate including attorney fees and court
  6 30 costs.
  6 31    b.  If a person commits, is committing, or proposes to
  6 32 commit, an act in violation of this subchapter, an injunction
  6 33 may be granted through an action in district court to prohibit
  6 34 the person from continuing such acts.  The action for
  6 35 injunctive relief may be brought by an aggrieved employee,
  7  1 labor organization member, or licensee, or aggrieved
  7  2 prospective employee, member, or licensee, an aggrieved
  7  3 insured, the county attorney, or the attorney general.
  7  4    A person who in good faith brings an action under this
  7  5 subsection alleging that an employer, employment agency, labor
  7  6 organization, or licensing agency has required or requested a
  7  7 genetic test in violation of this subchapter shall establish
  7  8 that sufficient evidence exists upon which a reasonable person
  7  9 could find that a violation has occurred.  Upon proof that
  7 10 sufficient evidence exists upon which a finding could be made
  7 11 that a violation has occurred as required under this
  7 12 paragraph, the employer, employment agency, labor
  7 13 organization, or licensing agency has the burden of proving
  7 14 that the requirements of this section were met.
  7 15    2.  An insurer or employer, employment agency, labor
  7 16 organization, or licensing agency who violates the rights of
  7 17 an individual under this subchapter shall be liable to the
  7 18 individual for all of the following, for each separate
  7 19 violation as follows:
  7 20    a.  Actual damages sustained as a result of the violation.
  7 21    b.  Statutory or punitive damages according to the
  7 22 following:
  7 23    (1)  One hundred thousand dollars if the violation is the
  7 24 result of an intentional and willful act.
  7 25    (2)  Punitive damages if the violation is the result of a
  7 26 malicious act.
  7 27    (3)  Reasonable attorney fees.
  7 28                           EXPLANATION
  7 29    This bill creates a new subchapter in Code chapter 729, to
  7 30 be known as the "Genetic Testing Act".
  7 31    The bill defines genetic information and genetic testing.
  7 32 The bill also requires informed consent of an individual prior
  7 33 to genetic testing or retention of genetic information, and
  7 34 written authorization prior to disclosure of genetic
  7 35 information.  Specific exceptions are granted for
  8  1 circumstances such as newborn screening, research, paternity
  8  2 testing, criminal investigations, and other exceptions
  8  3 recognized under other federal and state laws.
  8  4    The bill prohibits discrimination by insurers due to
  8  5 genetic information or genetic testing, both against the
  8  6 person or any member of the person's family.  An insurer is
  8  7 not permitted to use genetic information or genetic testing
  8  8 for underwriting health insurance in the individual and group
  8  9 markets.
  8 10    Employers are prohibited from using genetic information or
  8 11 genetic testing in employment decisions to avoid hiring,
  8 12 recruiting, or promoting persons when the genetic information
  8 13 is unrelated to the individual's ability to perform the duties
  8 14 of a particular job or position.  Discrimination in
  8 15 compensation or employment opportunities, or discharging an
  8 16 employee due to genetic information, is similarly prohibited.
  8 17 An individual may not be required to submit to a genetic test
  8 18 as a condition of obtaining employment or promotion.
  8 19    Employment agencies, labor organizations, and licensing
  8 20 agencies are similarly prohibited from obtaining and using
  8 21 genetic testing information to discriminate against a person.
  8 22    The bill provides a private cause of action for persons
  8 23 whose rights are violated by insurers, employers and others.
  8 24 A person may seek injunctive relief actual damages and
  8 25 attorney fees.  In addition, the person is entitled to
  8 26 statutory damages of $100,000 if the violation was an
  8 27 intentional and willful act, or is entitled to punitive
  8 28 damages if the act was malicious.  The bill includes
  8 29 provisions of repealed section 729.6.
  8 30 LSB 1650HH 81
  8 31 eg:nh/cf/24