In this chapter, unless the context otherwise requires:

1. 1. "Biological sample" means any material part of a human, discharge from a human or derivative of a human, including tissue, blood, urine or saliva, that is known to contain DNA.
2. 2. "Consumer" means an individual who is a resident of this state.
3. 3. "De-identified data" means data that has been de-identified in accordance with 45 Code of Federal Regulations section 164.514(b).
4. 4. "Direct-to-consumer genetic testing company" or "company" means an entity that offers genetic testing products or services directly to consumers that involve collecting from a consumer of either genetic data or biological samples and from which the company derives genetic data for analysis.
5. 5. "Express consent" means a consumer's affirmative response to a clear and prominent notice regarding collecting, using or disclosing genetic data for a specific purpose.

6. 6. "Genetic data":

   1. (a) Means any data, regardless of its format, that concerns a consumer's genetic characteristics.

   2. (b) Includes:

      1. (i) Raw sequence data that results from sequencing of a consumer's complete extracted DNA or a portion of the consumer's extracted DNA.
      2. (ii) Genotypic and phenotypic information that results from analyzing the raw sequence data.
      3. (iii) Self-reported health information that a consumer submits to a company regarding the consumer's health conditions and that is used for scientific research or product development and analyzed in connection with the consumer's raw sequence data.
   3. (c) Does not include de-identified data.
7. 7. "Genetic testing" means any laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes or gene products to determine the presence of a consumer's genetic characteristics.
8. 8. "Person" means an individual, partnership, corporation, association, business, business trust or legal representative of an organization.