§ 13-60-203 — Definitions.

Utah § 13-60-203

• Jurisdiction: Utah
• Title 13: Commerce and Trade
• Ch. 13-60: Genetic Information Privacy Act
• Part 13-60-2: Genetic Testing and Procedure Privacy Act

Text

As used in this part:
(1) "Blood relative" means an individual's biologically related:

(1)(a) parent;
(1)(b) grandparent;
(1)(c) child;
(1)(d) grandchild;
(1)(e) sibling;
(1)(f) uncle;
(1)(g) aunt;
(1)(h) nephew;
(1)(i) niece; or
(1)(j) first cousin.
(2) "DNA" means:

(2)(a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or
(2)(b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure.
(3) "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen.
(4) "Employer" means the same as that term is defined in Section 34A-2-103.
(5) (5)(a) "Genetic analysis" or "genetic test" means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers.
(5)(b) "Genetic analysis" or "genetic test" does not mean:
(5)(b)(i) a routine physical examination;
(5)(b)(ii) a routine chemical, blood, or urine analysis;
(5)(b)(iii) a test to identify the presence of drugs or HIV infection; or
(5)(b)(iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.
(6) "Genetic procedure" means any therapy, treatment, or medical procedure that is intended to:

(6)(a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
(6)(b) replace, supersede, or bypass a normal DNA function.
(7) "Health care insurance" means the same as that term is defined in Section 31A-1-301.
(8) (8)(a) "Private genetic information" means any information about an identifiable individual that:
(8)(a)(i) is derived from:

(8)(a)(i)(A) the presence, absence, alteration, or mutation of an inherited gene or genes; or
(8)(a)(i)(B) the presence or absence of a specific DNA marker or markers; and
(8)(a)(ii) has been obtained:

(8)(a)(ii)(A) from a genetic test or analysis of the individual's DNA;
(8)(a)(ii)(B) from a genetic test or analysis of the DNA of a blood relative of the individual; or
(8)(a)(ii)(C) from a genetic procedure.
(8)(b) "Private genetic information" does not include information that is derived from:
(8)(b)(i) a routine physical examination;
(8)(b)(ii) a routine chemical, blood, or urine analysis;
(8)(b)(iii) a test to identify the presence of drugs or HIV infection; or
(8)(b)(iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.

Legislative History

Renumbered and Amended by Chapter 327, 2023 General Session