Law / United States / 
Vermont
Genetic testing: written consent, disclosure authorization and civil remedies
18 V.S.A. secs. 9331, 9332, 9335(b)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Data subject rights
- Audit expectation
- none
As of .
What it requires
- Do not perform genetic testing on an individual, or release bodily materials for genetic testing, without the individual's prior written authorization and informed consent, except where section 9332(b) allows testing (to establish parentage, for newborn screening, in a criminal investigation or prosecution, for remains identification, or for the State DNA data bank) or for medical research where the subject's identity is unknown or protected as section 9332(d) requires.
- Disclose the results of genetic testing, or the fact that an individual requested genetic services or underwent genetic testing, only under a written authorization executed by the individual tested or by a person authorized by law to act for the individual, except in the cases section 9332(b) lists.
- When you suggest or request that an individual consent to genetic testing, advise the individual that the results may become part of the individual's permanent medical record and may be material to the ability to obtain certain insurance benefits.
- Do not use samples collected under section 9332(b)(1) to (4) or collected voluntarily by agreement for any purpose in connection with the State DNA data bank, the State DNA database or CODIS, unless chapter 113, subchapter 4 of title 20 specifically authorizes it.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
Section 9335(b) lets a person aggrieved by a violation of the chapter bring an action for civil damages, including punitive damages, equitable relief, costs and reasonable attorney's fees, and other appropriate relief. The section states no dollar amount.
- As of
- Currency
- USD
What this law does
No person may be required to undergo genetic testing except as chapter 217 of title 18 provides. Under section 9332(d) of title 18, except in the cases subsection (b) lists, genetic testing may not be performed on an individual, and bodily materials may not be released for genetic testing, without the individual's prior written authorization and informed consent, apart from medical research under the conditions subsection (d) states.
Under section 9332(e) of title 18, except in the cases subsection (b) lists, the results of genetic testing, or the fact that an individual has requested genetic services or undergone genetic testing, may be disclosed only under a written authorization executed by the individual tested or by a person authorized by law to act for the individual.
Under section 9332(f) of title 18, when suggesting or requesting that an individual consent to genetic testing, the person must advise the individual that the results may become part of the individual's permanent medical record and may be material to the ability to obtain certain insurance benefits.
In chapter 217 of title 18, genetic testing means a test, examination or analysis that is diagnostic or predictive of a particular heritable disease or disorder and is of a human chromosome or gene, human DNA or RNA, or a human genetically encoded protein. A person aggrieved by a violation of the chapter may bring an action for civil damages, including punitive damages, equitable relief, costs and reasonable attorney's fees, and other appropriate relief.
When LexLint raises it
When your app profile says your app processes biometric data, crawls the web, trains models or deploys a chatbot.