As used in this part:

1. (1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva.
2. (2) "Consumer" means an individual who is a resident of the state.

3. (3) "Deidentified data" means data that:

   1. (a) cannot reasonably be linked to an identifiable individual; and

   2. (b) possessed by a company that:

      1. (i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
      2. (ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
      3. (iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.

4. (4) "Direct-to-consumer genetic testing company" or "company" means an entity that:

   1. (a) offers consumer genetic testing products or services directly to consumers; or
   2. (b) collects, uses, or analyzes genetic data that a consumer provides to the entity.
5. (5) "DNA" means deoxyribonucleic acid.
6. (6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.

7. (7)

   1. (a) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics.

   2. (b) "Genetic data" includes:

      1. (i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
      2. (ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and

      3. (iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:

         1. (A) uses for scientific research or product development; and
         2. (B) analyzes in connection with the consumer's raw sequence data.
   3. (c) "Genetic data" does not include deidentified data.

8. (8) "Genetic testing" means:

   1. (a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
   2. (b) an interpretation of a consumer's genetic data.

Amended by Chapter 327, 2023 General Session