Bill Text: MN HF1357 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Direct-to-consumer genetic testing disclosures required.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-06 - Author added Loeffler [HF1357 Detail]
Download: Minnesota-2011-HF1357-Introduced.html
1.2relating to consumer protection; requiring certain disclosures for
1.3direct-to-consumer genetic testing;proposing coding for new law in Minnesota
1.4Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.786] DIRECT-TO-CONSUMER GENETIC TESTING.
1.7 Subdivision 1. Disclosure. A person who provides a specimen collection kit to a
1.8resident of Minnesota for the purpose of collecting genetic material to perform a genetic
1.9test must first provide the resident with the following disclosure:
1.10"IMPORTANT NOTICE ON GENETIC TESTING: Some genetic tests lack
1.11scientific validity, and others provide medical results that are meaningful only in the
1.12context of a full medical evaluation. Due to the complexities involved in both the testing
1.13and interpretation of the results of genetic testing, genetic tests should be performed in a
1.14specialized laboratory and the results should be interpreted by a medical provider or
1.15trained counselor who understands the value of genetic testing for a particular situation. A
1.16medical provider or trained genetic counselor should be consulted prior to making medical
1.17decisions based on the results of a genetic test."
1.18For the purposes of this section, a resident of Minnesota does not include a provider,
1.19as defined in section 144.291, subdivision 2, paragraph (h), who requests a genetic test in
1.20the course of delivering health care services to a patient.
1.21 Subd. 2. Jurisdiction; service of process. A person who provides a specimen
1.22collection kit to a resident of Minnesota for the purpose of collecting genetic material,
1.23performs a genetic test on a specimen collected in the state of Minnesota, or provides test
1.24results to a resident of Minnesota, is deemed to have consented to service of process in
2.1this state for purposes of section 5.25, subdivision 4, or other applicable law and to the
2.2jurisdiction of courts in this state for actions involving a violation of this section or for the
2.3recovery of remedies permitted by this section.
2.4 Subd. 3. Definitions. For the purposes of this section, the following terms have
2.5the meanings given:
2.6(1) "genetic characteristic" means a gene, chromosome, or alteration thereof, that
2.7may be identified to determine the risk or existence of a disease, disorder, trait, propensity
2.8or syndrome, or to identify an individual or biological relative of an individual. "Genetic
2.9characteristic" does not include family history or inherited characteristics for which the
2.10existence or identity is determined through a method other than a genetic test; and
2.11(2) "genetic test" means a test for determining the presence or absence of genetic
2.12characteristics in an individual or the individual's biological relatives, including tests
2.13of nucleic acids, such as deoxyribonucleic acid (DNA), ribonucleic acid (RNA), and
2.14mitochondrial DNA, chromosomes, or proteins.
1.3direct-to-consumer genetic testing;proposing coding for new law in Minnesota
1.4Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.786] DIRECT-TO-CONSUMER GENETIC TESTING.
1.7 Subdivision 1. Disclosure. A person who provides a specimen collection kit to a
1.8resident of Minnesota for the purpose of collecting genetic material to perform a genetic
1.9test must first provide the resident with the following disclosure:
1.10"IMPORTANT NOTICE ON GENETIC TESTING: Some genetic tests lack
1.11scientific validity, and others provide medical results that are meaningful only in the
1.12context of a full medical evaluation. Due to the complexities involved in both the testing
1.13and interpretation of the results of genetic testing, genetic tests should be performed in a
1.14specialized laboratory and the results should be interpreted by a medical provider or
1.15trained counselor who understands the value of genetic testing for a particular situation. A
1.16medical provider or trained genetic counselor should be consulted prior to making medical
1.17decisions based on the results of a genetic test."
1.18For the purposes of this section, a resident of Minnesota does not include a provider,
1.19as defined in section 144.291, subdivision 2, paragraph (h), who requests a genetic test in
1.20the course of delivering health care services to a patient.
1.21 Subd. 2. Jurisdiction; service of process. A person who provides a specimen
1.22collection kit to a resident of Minnesota for the purpose of collecting genetic material,
1.23performs a genetic test on a specimen collected in the state of Minnesota, or provides test
1.24results to a resident of Minnesota, is deemed to have consented to service of process in
2.1this state for purposes of section 5.25, subdivision 4, or other applicable law and to the
2.2jurisdiction of courts in this state for actions involving a violation of this section or for the
2.3recovery of remedies permitted by this section.
2.4 Subd. 3. Definitions. For the purposes of this section, the following terms have
2.5the meanings given:
2.6(1) "genetic characteristic" means a gene, chromosome, or alteration thereof, that
2.7may be identified to determine the risk or existence of a disease, disorder, trait, propensity
2.8or syndrome, or to identify an individual or biological relative of an individual. "Genetic
2.9characteristic" does not include family history or inherited characteristics for which the
2.10existence or identity is determined through a method other than a genetic test; and
2.11(2) "genetic test" means a test for determining the presence or absence of genetic
2.12characteristics in an individual or the individual's biological relatives, including tests
2.13of nucleic acids, such as deoxyribonucleic acid (DNA), ribonucleic acid (RNA), and
2.14mitochondrial DNA, chromosomes, or proteins.
