§ 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.)