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NO. 160. AN ACT RELATING TO A STATE DNA DATA BANK AND TO GENETIC TESTING.

(H.89)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 20 V.S.A. chapter 113, subchapter 4 is added to read:

Subchapter 4. State DNA Database and State Data Bank

§ 1931. POLICY

It is the policy of this state to assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of violent crimes. Identification, detection and exclusion may be facilitated by the DNA analysis of biological evidence left by the perpetrator of a violent crime and recovered from the crime scene. The DNA analysis of biological evidence can also be used to identify missing persons.

§ 1932. DEFINITIONS

As used in this subchapter:

(1) "CODIS" means the FBI's national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term "CODIS" is derived from Combined DNA Index System.

(2) "Department" means the department of public safety.

(3) "DNA" means deoxyribonucleic acid. DNA encodes genetic information that is the basis of human heredity and forensic identification.

(4) "DNA record" means DNA sample identification information stored in the state DNA database or CODIS. A DNA record is the result obtained from the DNA sample typing tests and is referred to as the DNA profile of an individual.

(5) "DNA sample" means a tissue sample provided by any person convicted of violent crime or a forensic unknown sample. The DNA sample may be blood or other tissue type specified by the department.

(6) "FBI" means the Federal Bureau of Investigation.

(7) "Forensic unknown sample" means an unidentified tissue sample gathered in connection with a criminal investigation.

(8) "Laboratory" means the department of public safety forensic laboratory. The laboratory's general authority under this act includes specifying procedures for collection and storage of DNA samples.

(9) "Population database" means anonymous DNA records used to assist statistical evaluation.

(10) "State DNA database" means the laboratory DNA identification record system. The state DNA database is a collection of the DNA records related to forensic casework, convicted offenders required to provide a DNA sample under this subchapter, and anonymous DNA records used for protocol development or quality control.

(11) "State DNA data bank" means the repository of DNA samples collected and maintained under the provisions of this subchapter.

(12) "Violent crime" means any of the following offenses:

(A) assault and robbery with a dangerous weapon as defined in subsection 608(b) of Title 13;

(B) assault and robbery causing bodily injury as defined in subsection 608(c) of Title 13;

(C) aggravated assault as defined in section 1024 of Title 13;

(D) murder as defined in section 2301 of Title 13;

(E) manslaughter as defined in section 2304 of Title 13;

(F) kidnapping as defined in section 2405 of Title 13 or its predecessor as it was defined in section 2401 of Title 13;

(G) first degree unlawful restraint as defined in section 2407 of Title 13;

(H) maiming as defined in section 2701 of Title 13;

(I) first degree aggravated domestic assault as defined in section 1043 of Title 13 where the defendant causes serious bodily injury to another person;

(J) sexual assault as defined in 13 V.S.A. §§ 3252(a)(1), (2) and (4), and 3252(b) or the predecessor offenses as defined in section 3201 of Title 13;

(K) aggravated sexual assault as defined in section 3253 of Title 13;

(L) lewd and lascivious conduct as defined in section 2601 of Title 13;

(M) lewd or lascivious conduct with a child as defined in section 2602 of Title 13;

(N) sexual activity by a caregiver with an elderly or disabled adult, as defined in 33 V.S.A. § 6913(d), where the sexual activity is exploitation as described in 33 V.S.A. § 6902(7)(D);

(O) sexual exploitation of children as defined in 13 V.S.A. §§ 2822, 2823 and 2824;

(P) burglary as defined in 13 V.S.A. § 1201;

(Q) unlawful trespass of a residence as defined in 13 V.S.A. § 3705(d);

(R) an attempt to commit any offense listed in this subdivision; or

(S) any other offense, if, as part of a plea agreement in an action in which the original charge was a crime listed in this subdivision and probable cause was found by the court, there is a requirement that the defendant submit a DNA sample to the DNA data bank.

§ 1933. DNA SAMPLE REQUIRED

(a) The following persons shall submit a DNA sample:

(1) every person convicted in a court in this state of a violent crime on or after the effective date of this subchapter; and

(2) every person who was convicted in a court in this state of a violent crime prior to the effective date of this subchapter and, after the effective date of this subchapter, is:

(A) in the custody of the commissioner of corrections pursuant to 28 V.S.A. § 701;

(B) on parole for a violent crime;

(C) serving a supervised community sentence for a violent crime; and

(D) on probation for a violent crime.

(b) A person serving a sentence for a violent crime in a correctional facility shall have his or her DNA samples collected or taken at the receiving correctional facility, or at a place and time designated by the commissioner of corrections or by a court.

(c) A person serving a sentence for a violent crime not confined to a correctionalfacility shall have his or her DNA samples collected or taken at a place and time designated by the commissioner of corrections, the commissioner of public safety, or a court.

§ 1934. LEAST INTRUSIVE MEANS OF COLLECTION

(a) The DNA sample shall be obtained by withdrawing blood, unless the department determines that a less intrusive means to obtain a scientifically reliable sample is available, in which event such less intrusive means shall be used.

(b) For purposes of this subchapter, a blood sample may only be drawn by a physician, physician's assistant, registered nurse, licensed practical nurse, medical technologist, laboratory assistant, or phlebotomist.

§ 1935. PROCEDURE IF PERSON REFUSES TO GIVE SAMPLE

(a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to provide the sample.

(b) The person who refuses to provide a DNA sample shall be served with a copy of the motion and shall be entitled to a hearing by the court, limited in scope solely to the issues described in subsection (c) of this section.

(c) If the court finds that the person who refused to provide a DNA sample is a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order requiring the person to provide the DNA sample in accordance with the provisions of this subchapter. The court's order shall also specify the manner by which the DNA sample shall be obtained and may authorize law enforcement and correctional personnel to employ reasonable force to obtain the DNA sample. No such employee or health care professional shall be criminally or civilly liable for the use of reasonable force.

(d) If the court finds that the person who refused to provide a DNA sample is not a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order relieving the person of the obligation to provide a DNA sample.

(e) If the supreme court reverses a determination that a DNA sample shall be provided,the department shall destroy the DNA sample and expunge the DNA record as provided in section 1940 of this subchapter.

(f) Venue for proceedings under this section shall be in the territorial unit of the district court where the conviction occurred. Hearings under this section shall be conducted by the district court without a jury and shall be subject to the District Court Civil Rules as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of witnesses shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.

(g) A decision of the district court under this section may be appealed as a matter of right to the supreme court. The court's order shall not be stayed pending appeal unless the respondent is reasonably likely to prevail on appeal.

§ 1936. COMPATIBILITY WITH NATIONAL SYSTEM; AUTHORITY TO ENTER

INTO DNA IDENTIFICATION INDEX SYSTEM AGREEMENTS WITH

STATE, FEDERAL AND FOREIGN JURISDICTIONS

The DNA database system established by the state shall be compatible with the FBI's national DNA identification index system currently referred to as CODIS. The state may enter into any agreement with a state, federal or foreign law enforcement agency that provides for participation in a state, federal or foreign DNA identification index system, including CODIS, provided that the agreements shall be consistent in all material respects with this subchapter.

§ 1937. AUTHORIZED ANALYSIS OF DNA SAMPLES

(a) Analysis of DNA samples is authorized:

(1) to type the genetic markers from DNA samples for law enforcement identification purposes;

(2) if personal identifying information is removed, for protocol development and administrative purposes, including:

(A) development of a population database;

(B) to support identification protocol development of forensic DNA analysismethods; and

(C) for quality control purposes; or

(3) to assist in the identification of human remains.

(b) Analysis of DNA samples obtained pursuant to this subchapter is not authorized for identification of any medical or genetic disorder.

§ 1938. STORAGE AND USE OF SAMPLES AND RECORDS

(a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes.

(b) The tissue, fluid, or other substance from which the DNA is extracted shall be used only for DNA sample analysis authorized in this subchapter and may be provided to law enforcement agencies only for DNA sample analysis for use in any investigation and prosecution.

(c) Only DNA samples shall be stored in the state DNA data bank.

(d) Only DNA records derived from DNA samples shall be stored in the state DNA database.

(e) Except as provided in section 1939 of this chapter, no DNA records derived from DNA samples shall be aggregated or stored in any database, other than CODIS and the state DNA database, that is accessible by any person other than by the department for the purpose for which the samples were collected.

(f)(1) Except for forensic unknown samples, no samples of tissue, fluid or other biological substance voluntarily submitted or obtained by the execution of a nontestimonial identification order shall be entered into the state DNA data bank. However, such samples may be used for any other purpose authorized in section 1937 of this subchapter.

(2) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, such samples shall be placed under seal, and shall not be used for anypurpose whatsoever, except pursuant to a judicial order for good cause shown.

(3) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, the genetic records shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.

(g) Except for records obtained from forensic unknown samples, no DNA records of samples of tissue, fluid or other biological substance which were obtained as the result of either consensual submission of biological evidence or the execution of a nontestimonial identification order shall be entered into the state DNA database.

§ 1939. POPULATION DATABASE

(a) Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from population databases in existence on January 1, 1999 may be used to develop a population database after all personal identifying information is removed.

(b) Nothing shall prohibit the laboratory from sharing or disseminating a population database with other law enforcement agencies, crime laboratories that serve them, or other third parties the laboratory deems necessary to assist the laboratory with statistical analysis of the laboratory's population databases. The population database may be made available to other agencies participating in CODIS.

§ 1940. EXPUNGEMENT OF RECORDS AND DESTRUCTION OF SAMPLES

(a) If a person's conviction of a violent crime is reversed and the case is nolle prosequi or dismissed or the person is granted a full pardon, the court with jurisdiction or, as the case may be, the governor, shall so notify the department, and the person's DNA record in the state DNA database and CODIS and the person's DNA sample in the state DNA data bank shall be removed and destroyed. The laboratory shall purge the DNA record and all other identifiable information from the state DNA database and CODIS and destroy the DNA sample stored in the state DNA data bank. If the person has more than one entry inthe state DNA database, CODIS, or the state DNA data bank, only the entry related to the dismissed case shall be deleted. The department shall notify the person upon completing its responsibilities under this subsection, by certified mail addressed to the person's last known address.

(b) If the identity of the subject of a forensic unknown sample becomes known and that subject is excluded as a suspect in the case, the sample record shall be removed from the state DNA database upon the conclusion of the criminal investigation and finalization of any criminal prosecution.

§ 1941. CONFIDENTIALITY OF RECORDS

(a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential.

(b) DNA records shall not be used for any purpose other than as provided in section 1937 of this subchapter; provided that in appropriate circumstances such records may be used to identify missing persons.

(c) Any person who intentionally violates this section shall be imprisoned not more than one year or fined not more than $10,000.00, or both.

(d) Any individual aggrieved by a violation of this section may bring an action for civil damages including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief.

§ 1942. ADOPTION OF RULES AND GUIDELINES

(a) The department shall adopt rules pursuant to chapter 25 of Title 3 governing the procedures to be used in the collection, submission, identification, dissemination, analysis and storage of DNA samples and the DNA record of DNA samples submitted under this subchapter.

(b) The department shall adopt rules pursuant to chapter 25 of Title 3 governing the methods of obtaining information from the state database and CODIS, and procedures for verification of the identity and authority of the requester.

(c) The department shall also adopt guidelines to ensure that DNA identificationrecords meet relevant audit standards for forensic DNA laboratories and that the laboratory procedures include the implementation of DNA quality assurance and proficiency testing standards issued by the FBI director.

(d) The rules and guidelines required by this section shall be adopted on or before December 1, 1998.

§ 1943. RESPONSIBILITY OF DEPARTMENT OF PUBLIC SAFETY

The department shall be responsible for establishing and maintaining the state DNA database and state DNA data bank as established by this subchapter.

§ 1944. LIMITATION OF LIABILITY FOR COLLECTION OF DNA SAMPLES

No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recognized medical procedures. However, no person shall be relieved from liability for negligence in withdrawing of a DNA sample.

§ 1945. UNLAWFUL TAMPERING WITH DNA SAMPLES

A person who knowingly or intentionally, without lawful authority, tampers or attempts to tamper with a DNA sample shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

Sec. 1a. EMERGENCY RULES; IMPLEMENTATION

(a) On or before July 1, 1998, the commissioner of public safety shall adopt initial rules implementing the provisions of this act relating to the collection of DNA samples. These initial rules may be adopted as emergency rules, but shall remain in effect until the rules required under 20 V.S.A. § 1942 are adopted.

(b) Until emergency rules are adopted, the public safety forensic laboratory shall collect, preserve and store DNA data bank blood samples according to its established protocol for the collection, storage and preservation of known blood samples. The samples shall be preserved in such a fashion so that DNA analysis can be performed on the samples. The samples shall be placed into a DNA database only after emergency rules have been adopted.

(c) During the period between the effective date of this act and December 1, 1998, thedepartment of public safety shall only collect DNA samples from persons required to provide a sample under this act prior to the release of that person from the custody of the commissioner of corrections, parole, supervised community sentence or probation. After December 1, 1998 all samples required to be provided under this act shall be collected.

(d) DNA profiles obtained from forensic unknowns generated at the public safety laboratory that meet relevant audit standards, may be searched in the CODIS database after the effective date of this act and prior to July 1, 1998.

Sec. 2. 4 V.S.A. § 437 is amended to read:

§ 437. CIVIL JURISDICTION OF DISTRICT COURT

The district court shall have jurisdiction of the following actions:

(1) Appeals of traffic violations filed pursuant to chapter 24 of Title 23.

(2) DUI license suspension hearings filed pursuant to chapter 24 of Title 23.

(3) Extradition proceedings filed pursuant to chapter 159 of Title 13.

(4) Drug forfeiture proceedings under subchapter 2, chapter 84 of Title 18.

(5) Fish and wildlife forfeiture proceedings under chapter 109 of Title 10.

(6) Liquor forfeiture proceedings under chapter 19 of Title 7.

(7) Appeals of municipal ordinance violations filed pursuant to chapter 59 of Title 24.

(8) Hearings relating to refusal to provide a DNA sample pursuant to 20 V.S.A. § 1935.

Sec. 3. REPORTS

(a) On January 15, 2000, the commissioners of the departments of corrections and public safety shall submit a report to the Senate and House Committees on Judiciary. The report shall address any problems that public safety personnel, judicial officers, court system administrators, corrections personnel, and attorneys for the state and defense encountered in implementing section 1935 of Title 20. The report shall include copies of any trial court or supreme court written decisions, orders, administrative rules, or legislative proposals involving section 1935 of Title 20.

(b) On January 15, 2002, the commissioners of the departments of corrections andpublic safety shall submit a report on the implementation of this act to the Senate and House Committees on Judiciary. The report shall address the following:

(1) The steps that were taken to enforce this act;

(2) The number of DNA samples taken and the costs incurred;

(3) Any problems that public safety personnel, judicial officers, court system administrators, corrections personnel, and attorneys for the state and defense encountered in implementing this act;

(4) Copies of any trial court or supreme court decisions, orders, administrative rules, or legislative proposals involving this act;

(5) Any changes in technology that would apply to DNA analysis of biological evidence and collection of DNA samples; and

(6) Any recommended changes to the law.

Sec. 4. SPECIAL APPROPRIATION PROHIBITED

No special appropriation shall be made for the purposes of this act. Monies required to implement this act shall be paid out of the existing budget of the department of public safety or federal funds that become available.

Sec. 5. 18 V.S.A. chapter 217 is added to read:

CHAPTER 217. GENETIC TESTING

§ 9331. DEFINITIONS

For purposes of this chapter:

(1) "Commissioner" means the commissioner of banking, insurance, securities, and health care administration.

(2) "DNA" means deoxyribonucleic acid and "RNA" means ribonucleic acid.

(3) "Employee" has the same meaning as in 21 V.S.A. § 495d.

(4) "Employer" has the same meaning as in 21 V.S.A. § 495d.

(5) "Employment agency" has the same meaning as in 21 V.S.A. § 495d.

(6) "Genetic information" means the results of "genetic testing" contained in any report, interpretation, evaluation, or other record thereof.

(7)(A) "Genetic testing" means a test, examination or analysis that is diagnostic orpredictive of a particular heritable disease or disorder and is of:

(i) a human chromosome or gene;

(ii) human DNA or RNA; or

(iii) a human genetically encoded protein.

(B) The test for human genetically encoded protein referred to in subdivision (A)(iii) of this subdivision shall be generally accepted in the scientific and medical communities as being specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome.

(C) For the purposes of sections 9332 and 9333 of this title, as they apply to insurers, section 9334 of this title, and section 4727 of Title 8, and notwithstanding any language in this section to the contrary, "genetic testing" does not include:

(i) a test, examination or analysis which reports on an individual's current condition unless such a test, examination or analysis is designed or intended to be specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome; or

(ii) a test, examination or analysis of a human chromosome or gene, of human DNA or RNA, or of a human genetically encoded protein that is diagnostic or predictive of a particular heritable disease or disorder, if, in accordance with generally accepted standards in the medical community, the potential presence or absence of a mutation, alteration or deletion of a gene or chromosome has already manifested itself by causing a disease, disorder or medical condition or by symptoms highly predictive of the disease, disorder or medical condition.

(8) "Insurance" means a policy of insurance regulated under Title 8, offered or issued in this state, including health, life, disability and long-term care insurance policies, hospital and medical service corporation service contracts, and health maintenance organization benefit plans.

(9) "Labor organization" has the same meaning as in 21 V.S.A. § 495d.

(10) "Licensing agency" means a unit of state government authorized to grant, deny, renew, revoke, suspend, annul, withdraw or amend a professional license,certification or registration.

§ 9332. GENETIC TESTING; LIMITATIONS

(a) No person shall be required to undergo genetic testing, except as provided in this chapter.

(b) A person may be required to undergo genetic testing in connection with insurance subject to the limitations imposed under section 9334 of this title or if otherwise required by law for the following reasons:

(1) To establish parentage.

(2) To determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols.

(3) In connection with a criminal investigation or prosecution.

(4) For remains identification by the chief medical examiner or designee.

(5) For purposes of the state DNA data bank, the state DNA database and CODIS pursuant to subchapter 4 of chapter 113 of Title 20.

(c) Samples collected pursuant to subdivisions (1), (2), (3) or (4) of subsection (b) of this section or collected voluntarily pursuant to an agreement shall not be utilized for any purpose in connection with the state DNA data bank, the state DNA database and CODIS unless specifically authorized by subchapter 4 of chapter 113 of Title 20.

(d) Except for the provisions of subsection (b) of this section, no genetic testing shall be performed on any individual or body parts of any individual nor shall any bodily materials be released for purposes of genetic testing without the prior written authorization and informed consent of the individual to be tested except for medical research where the identity of the subject is unknown or, if the research shall be conducted with anonymized medical information where individual identifiers are encrypted or encoded and the identity of the individual is not disclosed, or if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).

(e) Except for the provisions of subsection (b) of this section, any results of genetic testing or the fact that an individual has requested genetic services or undergone genetictesting shall be disclosed only pursuant to a written authorization executed by the individual tested or by a person authorized by law to act for the individual.

(f) Except for the provisions of subsection (b) of this section, at the time of suggesting or requesting that an individual consent to genetic testing, the person making the suggestion or request shall advise the individual subject of the test that the results of the test:

(1) May become part of the individual's permanent medical record; and

(2) May be material to the ability of the individual to obtain certain insurance benefits.

§ 9333. GENETIC TESTING; EMPLOYMENT; MEMBERSHIP IN A LABOR

ORGANIZATION; PROFESSIONAL LICENSURE

(a) No person shall, directly or indirectly, do any of the following as a condition of, or to affect the terms, conditions or privileges of employment, of membership in a labor organization, or of professional licensure, certification or registration:

(1) use the fact that genetic counseling or testing services have been requested or that genetic testing has been performed;

(2) use genetic testing results or genetic information from a person or a member of a person's family;

(3) use the diagnosis of a genetic disease derived from a clinical interview and examination, but not derived from the results of a genetic test; or

(4) require genetic testing.

(b) As used in this section, "employment" includes application for employment, provided that subject to the underwriting limitations of section 9334 of this title, this subsection shall not prohibit use of genetic testing results or genetic information in connection with life, disability income or long-term care insurance provided under an employee benefit plan.

(c) No person shall disclose to an employer, labor organization, employment agency or licensing agency any genetic testing results or genetic information, that genetic services have been requested, or that genetic testing has been performed, with respect to anindividual who is an employee, labor organization member, professional licensee, certificate holder or registrant.

§ 9334. GENETIC TESTING AS A CONDITION OF INSURANCE COVERAGE

(a) No policy of insurance offered for delivery or issued in this state shall be underwritten or conditioned on the basis of:

(1) any requirement or agreement of the individual to undergo genetic testing; or

(2) the results of genetic testing of a member of the individual's family.

(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of section 4724 of Title 8.

(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8.

§ 9335. REMEDIES

(a) Any person who intentionally violates section 9333 or subsection 9334(a) of this chapter shall be imprisoned not more than one year or fined not more than $10,000.00, or both.

(b) Any person aggrieved by a violation of this chapter may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits and reinstatement, costs, and reasonable attorney's fees and other appropriate relief.

Sec. 5a. 8 V.S.A. § 4724 is amended to read:

§ 4724. UNFAIR METHODS OF COMPETITION OR UNFAIR OR DECEPTIVE

ACTS OR PRACTICES DEFINED

The following are hereby defined as unfair methods of competition or unfair or deceptive acts or practices in the business of insurance:

* * *

(7) Unfair discrimination; arbitrary underwriting action.

* * *

(D) Making or permitting any unfair discrimination against any individual byconditioning insurance rates, the provision or renewal of insurance coverage, or other conditions of insurance based on medical information, including the results of genetic testing, where there is not a relationship between the medical information and the cost of the insurance risk that the insurer would assume by insuring the proposed insured. In demonstrating the relationship, the insurer can rely on actual or reasonably anticipated experience. As used in this subdivision, "genetic testing" shall be defined as the term is defined in section 9331(7) of Title 18.

* * *

(22)(A) Conditioning insurance rates, the provision or renewal of insurance coverage or benefits or other conditions of insurance for any individual on:

(i) any requirement or agreement of the individual to undergo genetic testing; or

(ii) the results of genetic testing of a member of the individual's family unless the results are contained in the individual's medical record.

(B) As used in this subdivision, "genetic testing" shall be defined as the term is defined in section 9331(7) of Title 18.

Sec. 6. REPORT

Two years from the effective date of this act, and every two years thereafter, the commissioner of banking, insurance, securities, and health care administration shall report to the general assembly on the effects, if any, of advances in the development and clinical application of genetic testing as it affects the availability and price of life, disability and long-term care insurance and on those insurance markets overall.

Sec. 7. EFFECTIVE DATE

This act shall take effect upon passage except that Sec. 5 (Genetic Testing) and Sec. 5a (8 V.S.A. § 4724) shall take effect on January 1, 1999.

Approved: April 29, 1998