The Vermont Statutes Online

Title 18: Health

Chapter 217: Genetic Testing

• § 9331. Definitions

  For purposes of this chapter:

  (1) “Commissioner” means the Commissioner of Financial Regulation.

  (2) “DNA” means deoxyribonucleic acid and “RNA” means ribonucleic acid.

  (3) “Employee” has the same meaning as in 21 V.S.A. § 495d.

  (4) “Employer” has the same meaning as in 21 V.S.A. § 495d.

  (5) “Employment agency” has the same meaning as in 21 V.S.A. § 495d.

  (6) “Genetic information” means the results of genetic testing contained in any report, interpretation, evaluation, or other record thereof.

  (7)(A) “Genetic testing” means a test, examination, or analysis that is diagnostic or predictive of a particular heritable disease or disorder and is of:

  (i) a human chromosome or gene;

  (ii) human DNA or RNA; or

  (iii) a human genetically encoded protein.

  (B) The test for human genetically encoded protein referred to in subdivision (A)(iii) of this subdivision (7) shall be generally accepted in the scientific and medical communities as being specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome.

  (C) For the purposes of sections 9332 and 9333 of this title, as they apply to insurers, section 9334 of this title, and 8 V.S.A. § 4727, and notwithstanding any language in this section to the contrary, “genetic testing” does not include:

  (i) a test, examination, or analysis that reports on an individual’s current condition unless such a test, examination, or analysis is designed or intended to be specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome; or

  (ii) a test, examination, or analysis of a human chromosome or gene, of human DNA or RNA, or of a human genetically encoded protein that is diagnostic or predictive of a particular heritable disease or disorder, if, in accordance with generally accepted standards in the medical community, the potential presence or absence of a mutation, alteration, or deletion of a gene or chromosome has already manifested itself by causing a disease, disorder, or medical condition or by symptoms highly predictive of the disease, disorder, or medical condition.

  (8) “Insurance” means a policy of insurance regulated under Title 8, offered or issued in this State, including health, life, disability, and long-term care insurance policies, hospital and medical service corporation service contracts, and health maintenance organization benefit plans.

  (9) “Labor organization” has the same meaning as in 21 V.S.A. § 495d.

  (10) “Licensing agency” means a unit of State government authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend a professional license, certification, or registration. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

• § 9332. Genetic testing; limitations

  (a) No person shall be required to undergo genetic testing, except as provided in this chapter.

  (b) A person may be required to undergo genetic testing in connection with insurance subject to the limitations imposed under section 9334 of this title or if otherwise required by law for the following reasons:

  (1) to establish parentage;

  (2) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;

  (3) in connection with a criminal investigation or prosecution;

  (4) for remains identification by the chief medical examiner or designee;

  (5) for purposes of the State DNA Data Bank, the State DNA Database, and CODIS pursuant to 20 V.S.A. chapter 113, subchapter 4.

  (c) Samples collected pursuant to subdivision (b)(1), (2), (3), or (4) of this section or collected voluntarily pursuant to an agreement shall not be utilized for any purpose in connection with the State DNA Data Bank, the State DNA Database, and CODIS unless specifically authorized by 20 V.S.A. chapter 113, subchapter 4.

  (d) Except for the provisions of subsection (b) of this section, no genetic testing shall be performed on any individual or body parts of any individual nor shall any bodily materials be released for purposes of genetic testing without the prior written authorization and informed consent of the individual to be tested except for medical research where the identity of the subject is unknown or, if the research shall be conducted with anonymized medical information where individual identifiers are encrypted or encoded and the identity of the individual is not disclosed, or if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).

  (e) Except for the provisions of subsection (b) of this section, any results of genetic testing or the fact that an individual has requested genetic services or undergone genetic testing shall be disclosed only pursuant to a written authorization executed by the individual tested or by a person authorized by law to act for the individual.

  (f) Except for the provisions of subsection (b) of this section, at the time of suggesting or requesting that an individual consent to genetic testing, the person making the suggestion or request shall advise the individual subject of the test that the results of the test:

  (1) may become part of the individual’s permanent medical record; and

  (2) may be material to the ability of the individual to obtain certain insurance benefits. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

• § 9333. Genetic testing; employment; membership in a labor organization; professional licensure

  (a) No person shall, directly or indirectly, do any of the following as a condition of, or to affect the terms, conditions, or privileges of employment, of membership in a labor organization, or of professional licensure, certification, or registration:

  (1) use the fact that genetic counseling or testing services have been requested or that genetic testing has been performed;

  (2) use genetic testing results or genetic information from a person or a member of a person’s family;

  (3) use the diagnosis of a genetic disease derived from a clinical interview and examination, but not derived from the results of a genetic test; or

  (4) require genetic testing.

  (b) As used in this section, “employment” includes application for employment, provided that subject to the underwriting limitations of section 9334 of this title, this subsection shall not prohibit use of genetic testing results or genetic information in connection with life, disability income, or long-term care insurance provided under an employee benefit plan.

  (c) No person shall disclose to an employer, labor organization, employment agency, or licensing agency any genetic testing results or genetic information, that genetic services have been requested, or that genetic testing has been performed, with respect to an individual who is an employee, labor organization member, professional licensee, certificate holder, or registrant. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

• § 9334. Genetic testing as a condition of insurance coverage

  (a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:

  (1) any requirement or agreement of the individual to undergo genetic testing; or

  (2) the results of genetic testing of a member of the individual’s family.

  (b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.

  (c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

• § 9335. Remedies

  (a) Any person who intentionally violates section 9333 or subsection 9334(a) of this chapter shall be imprisoned not more than one year or fined not more than $10,000.00, or both.

  (b) Any person aggrieved by a violation of this chapter may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, and reinstatement, costs, and reasonable attorney’s fees, and other appropriate relief. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)