ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DPA 10-0-0-0

HB 2069: genetic testing; private property

Sponsor:  Representative Roberts, LD 11

Caucus & COW

Overview

Establishes ownership of genetic testing and the information resulting from genetic testing.

History

Genetic testing is a test of a person’s genes to gain information about health abnormalities. This definition does not include: 

1)   Tests commonly used in clinical practice for purposes other than determining genetic traits; 

2)   Tests used in criminal investigation, prosecution and conviction; 

3)   HIV tests;

4)   Paternity tests; and 

5)   Tests conducted for use in biomedical research (A.R.S. § 12-2801).

Genetic testing and information derived from it are privileged to the individual, confidential and may only be released to certain parties as authorized by state or federal law (A.R.S. § 12-2802).

Provisions

1.   Classifies genetic testing and the information resulting from it, whether possessed by a public or private entity, as the exclusive private property of the tested individual except as authorized by state or federal law. (Sec. 1)

Amendment

Committee on Judiciary

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteExempts genetic testing and information that is protected from disclosure by federal Health Insurance Portability and Accountability Act from this act.

2.   Removes reference to exclusivity of private property.

3.   Stipulates the act is effective for all tests beginning upon the general effective date.

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7.                     HB 2069

8.   Initials LC/AF/PN  Page 0 Caucus & COW

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