Law / United States / 
Massachusetts
Genetic information: prior written consent for testing and informed written consent for disclosure
Mass. Gen. Laws ch. 111, § 70G
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you are a facility, physician or health care provider, test a person for genetic information only after you obtain that person's prior written consent. A prior written consent is a signed form that is not a general waiver, and states the purpose of the test, that the person discussed the reliability of the results with the ordering practitioner, that genetic counseling is available, a general description of each condition tested for, and who may receive the results.
- If you are a facility, physician or health care provider, do not disclose a genetic test result to anyone other than the person tested, and do not identify the person tested to anyone, without informed written consent, a separate written consent form that states the purpose of the request, or a proper judicial order. Confidential research information used only for epidemiological or clinical research is excepted from the disclosure bar.
- If you are a hospital, laboratory, registry, physician, insurance institution, insurance support organization, insurance representative or commercial genetic testing company, do not divulge reports and records pertaining to genetic information without informed written consent, except as subsection (b) provides: on proper judicial order, to a person whose official duties the commissioner finds entitle receipt, in connection with life, disability and long term care insurance as chapter 175I authorizes, or as confidential research information.
- If you are a laboratory, run a requested genetic test only when the request carries the ordering practitioner's signed statement that the appropriate prior written consent has been obtained, unless the test is conducted as confidential research information.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Ch. 93A sec. 4, which section 70G(d) brings in by deeming a violation a violation of ch. 93A sec. 2: the Attorney General may recover a civil penalty of not more than $5,000 for each violation the court finds the person knew or should have known violated ch. 93A sec. 2, plus the reasonable costs of investigation and litigation including attorneys' fees.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Statutory damages
Ch. 93A sec. 9, which section 70G(d) reaches by deeming a violation a violation of ch. 93A sec. 2: a person injured recovers actual damages or $25, whichever is greater, and up to three but not less than two times that amount for a willful or knowing violation, after a written demand for relief at least thirty days before suit; sec. 9(2) permits a class action for similarly injured persons.
- As of
- Currency
- USD
- Per person minimum
- 25
- Class action available
- Yes
Who enforces it
Enforcement body
Massachusetts Attorney General, who may bring a civil action for injunctive and other equitable relief under section 70G(d) and may recover the ch. 93A sec. 4 civil penalty because section 70G(d) deems a violation a violation of ch. 93A sec. 2; and any person whose rights under section 70G are violated, who may sue in his own name for injunctive and other equitable relief.
What this law does
Section 70G of chapter 111 bars a facility, physician or health care provider from testing a person for genetic information without first obtaining the person's prior written consent. Section 70G bars a facility, physician or health care provider from disclosing the results of a genetic test to anyone other than the person tested without informed written consent, except where the results disclosed will be used only as confidential research information.
Section 70G(b) names a commercial genetic testing company among the holders whose reports and records pertaining to any genetic information may not be divulged by a person having charge of or access to them without informed written consent, subject to the exceptions that subsection lists. Section 70G allows a laboratory to conduct a requested genetic test only when the request carries the ordering practitioner's signed statement that the appropriate prior written consent has been obtained.
Section 70G(d) deems a violation of the section a violation of section 2 of chapter 93A. Section 70G(d) lets a person whose rights under the section are violated, and the Attorney General, bring a civil action for injunctive and other equitable relief. Section 70G does not apply to a law enforcement official in the execution of official duties, among the exclusions subsection (e) lists.
Section 70E defines facility, the term section 70G uses, to include any hospital or clinic licensed or subject to licensing by the department and any state hospital operated by the department. The 2000 act relative to insurance and genetic testing and privacy protection inserted section 70G into chapter 111 after section 70F.
When LexLint raises it
When your app profile says your app processes biometric data, handles health records or is an insurer.