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House rejects Genetic Testing Privacy Act after extended debate on research and ownership
Summary
First substitute HB177, the Genetic Testing Privacy Act, failed on the House floor after debate over sample ownership, insurer access and research exemptions; an Attorney General‑requested amendment was accepted but the bill failed 21–47.
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The Utah House voted down the first substitute of the Genetic Testing Privacy Act after several hours of floor debate over privacy, research access and insurer rules.
Sponsor Rep. Nora B. Stevens opened discussion by saying, "This bill is about genetic privacy," and said the measure was crafted after intensive interim study and comparisons with other states. Stevens described protections for presymptomatic genetic information, procedures for informed consent, a one‑year delay before private civil actions may be filed and narrow exceptions for law‑enforcement, paternity and research with Institutional Review Board oversight.
At the request of the attorney general's office, Stevens offered Amendment #11 to explicitly add "criminal prosecutions" to the list of allowed investigations; the House adopted that amendment. Debate centered on who "owns" genetic samples and the scope of insurer access. Several representatives expressed concern that the bill allows insurers to inquire about family members' genetic tests and that backup copies held by insurers or vendors might not be purged, creating long‑term privacy risks.
Representative Buckmeyer and others said individuals should control their own genetic information; Stevens replied that ownership depends on purpose — research samples may be owned by the lab, clinical samples by medical providers — and stressed efforts to balance privacy with the state's research institutions. Stevens cited that 33 other states had enacted related laws and said Utah needed to act to avoid chilling research participation.
After amendment and extended exchanges, the House rejected first substitute HB177 by a vote of 21–47. The bill was filed and will not advance in its current form in this session.
