as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:23am
A bill for an act
relating to data practices; requiring informed consent for collection, use, and
dissemination of genetic information; authorizing civil remedies; amending
Minnesota Statutes 2022, section 13.386, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.386, subdivision 3, is amended to read:
(a) Unless
otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section 13.02, subdivision
7a, deleted text begin or any other persondeleted text end only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written informed
consent;
(3) may be stored only for a period of time to which the individual has given written
informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent to
disseminate genetic information under item (i) must be signed and dated. Unless otherwise
provided by law, such a consent is valid for one year or for a lesser period specified in the
consent.
(b) Newborn screening activities conducted under sections 144.125 to 144.128 are subject
to paragraph (a). Other programs and activities governed under section 144.192 are not
subject to paragraph (a).
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Genetic information" has the meaning given in section 13.386, subdivision 1.
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(c) "Person" means any individual, partnership, corporation, association, business trust,
or a legal representative of an organization. Person does not include a government entity
as defined in section 13.02, subdivision 7a.
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Unless otherwise expressly provided by law, genetic
information about an individual:
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(1) may be collected by a person only with the written informed consent of the individual;
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(2) may be used only for the purposes to which the individual has given written informed
consent;
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(3) may be stored only for a period of time to which the individual has given written
informed consent; and
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(4) may be disseminated only:
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(i) with the individual's written informed consent; or
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(ii) if necessary in order to accomplish the purposes described by clause (2).
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A consent to disseminate genetic information under clause (4), item (i), must be signed and
dated. Unless otherwise provided by law, such a consent is valid for one year or for a lesser
period specified in the consent.
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An individual injured by a violation of this section may bring an action
in district court for injunctive relief, damages, and reasonable costs and attorney fees.
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This section is effective August 1, 2023, and applies to genetic
information collected on or after that date.
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