§ 35-32-101 — Definitions

Wyoming § 35-32-101

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 32: GENETIC DATA PRIVACY

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(a) As used in this chapter unless otherwise defined:
(i) "Authorized representative" means a person
authorized by state or federal law to make health care decisions
for an individual;
(ii) "DNA" means deoxyribonucleic acid;
(iii) "Genetic testing" means any laboratory test of
an individual's complete DNA, regions of DNA, chromosomes or
genes to determine the presence of genetic characteristics of an
individual;
(iv) "Genetic characteristic" means a gene or
chromosome, or alteration thereof, that is scientifically or
medically believed to predispose an individual to a disease,
disorder, trait or syndrome, or to identify an individual or a
blood relative;
(v) "Genetic data" means any data, regardless of its
format, that concerns an individual's genetic characteristics.
Genetic data includes:
(A) Raw sequence data that result from
sequencing of an individual’s complete extracted or a portion of
the extracted DNA;
(B) Genotypic and phenotypic information that
results from analyzing the raw sequence data, including any
familial inferences therefrom; and
(C) Self reported health information that an
individual submits to a company regarding the individual's
health conditions and that is used for scientific research or
product development and analyzed in connection with the
individual's raw sequence data.
(vi) "Informed consent" means the signing of a
consent form or forms in writing or by electronic signature as
defined in W.S. 40-21-102(a)(viii) by an individual or an
individual's authorized representative which includes a
description of:
(A) Any genetic testing to be performed and how
the genetic testing or resulting genetic data will be used;
(B) How any genetic data will be retained or
disclosed;
(C) An individual's rights under W.S. 35-32-103.
(vii) "Biological sample" means any material part of
a human, discharge therefrom or derivative thereof known to
contain deoxyribonucleic acid (DNA), such as tissue, blood,
urine or saliva;
(viii) "Consumer" means a natural person who is a
resident of the state of Wyoming;
(ix) "Deidentified data" means data that cannot be
used to infer information about or otherwise be linked to an
identifiable individual, and that is subject to:
(A) Administrative and technical measures to
ensure that the data cannot be associated with a particular
individual;
(B) Public commitment by the company to maintain
and use data in deidentified form and not attempt to reidentify
data; and
(C) Legally enforceable contractual obligations
that prohibit any recipient of the data from attempting to
reidentify the data.
(x) "Direct to consumer genetic testing company" or
"company" means any person that offers consumer genetic testing
products or services directly to consumers or who collects, uses
or analyzes genetic data provided by a consumer;
(xi) "Express consent" means a consumer's affirmative
response to a clear, meaningful and prominent notice regarding
the collection, use or disclosure of the consumer's genetic data
for a specific purpose.