Law / United States / 
New Hampshire
Genetic testing: consent to testing and to disclosure of genetic test results
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition, Disclosure
- Audit expectation
- none
As of .
What it requires
- Do not require an individual or a member of the individual's family to undergo genetic testing as a condition of doing business with you (RSA 141-H:2, I).
- Obtain the prior written and informed consent of the individual to be tested, or of the parent, guardian, custodian or conservator, before any genetic testing is done in New Hampshire on an individual, or anywhere on a New Hampshire resident based on bodily materials obtained in New Hampshire, unless one of the exceptions in RSA 141-H:2, II applies (RSA 141-H:2, II).
- Provide test results only to the persons the individual approves in writing, and do not refuse to do business with an individual solely because the individual declines to consent to providing the results to some or all persons (RSA 141-H:2, II).
- Do not disclose that an individual has undergone genetic testing, or the results, without the prior written and informed consent of the individual, except as RSA 141-H:2, II and RSA 141-J allow (RSA 141-H:2, III).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
RSA 141-H:6: an aggrieved individual who brings a civil action under the chapter and succeeds shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
- As of
- Currency
- USD
- Per person minimum
- 1,000
What this law does
No individual or member of the individual's family may be required to undergo genetic testing as a condition of doing business with another person. Subject to listed exceptions, no genetic testing may be done in New Hampshire on any individual, or anywhere on any resident of New Hampshire based on bodily materials obtained in New Hampshire, without the prior written and informed consent of the individual to be tested or of the parent, guardian, custodian or conservator.
The results of a test may be provided only to the persons the individual approves in writing, and no person may refuse to do business with an individual solely because the individual refuses to consent to providing the test results to some or all persons. Except as the section provides, no person may disclose that an individual has undergone genetic testing, or the results of the testing, without the prior written and informed consent of the individual.
An aggrieved individual may bring a civil action under the chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
The section does not limit genetic testing or genetic analysis used for diagnosis and treatment of a consenting patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor or another clinical laboratory, and allows disclosure to entities participating in the clinical care of the patient.
Except as RSA 141-H:5, II provides, the provisions of the chapter do not apply to the provision of life insurance, disability income insurance or long-term care insurance.
When LexLint raises it
When your app profile says your app processes biometric data, crawls the web, trains models or deploys a chatbot.