Effective July 1, 2026
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.