§ 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.)