37-24-59. Genetic material protection--Definitions.

Terms used in this section and §§ 37-24-60 to 37-24-64, mean:

(1)    "Biological sample," any part of a human that is known to contain deoxyribonucleic acid;

(2)    "Consumer," an individual who is a resident of this state;

(3)    "De-identified data," genetic data that cannot reasonably be used to infer information about, or otherwise be linked to, an identifiable consumer;

(4)    "Direct-to-consumer genetic testing company," an entity that:

(a)    Offers genetic testing products or services directly to consumers; or

(b)    Analyzes, collects, or uses genetic data collected via a direct-to-consumer genetic testing product or service that is provided to the company by the consumer;

(5)    "Express consent," an affirmative written response, which may be presented and captured electronically;

(6)    "Genetic data," data other than de-identified data, regardless of format, which concerns a consumer's genetic characteristics; and

(7)    "Service provider," a person that:

(a)    Is involved in the collection, transportation, or analysis of, or any other service in connection with, a consumer's biological sample or genetic data, on behalf of a direct-to-consumer genetic testing company;

(b)    Collects, uses, maintains, or discloses biological samples or genetic data, collected or derived from a direct-to-consumer genetic testing product or service, or directly provided by the consumer; or

(c)    Delivers the results of the analysis of a biological sample or genetic data.

Source: SL 2026, ch 164, § 1.