HB78 Alabama 2012 Session

Summary

Primary Sponsor

Ed Henry

Republican

Session

Regular Session 2012

Title

Genetic Information Privacy Act, established, procedure for obtaining, disclosing and storing genetic information, establishing penalties for unlawful disclosure

Summary

The Genetic Information Privacy Act would require informed consent for obtaining, analyzing, and disclosing genetic information and would regulate DNA sample collection and handling with penalties for misuse.

What This Bill Does

If enacted, the act would define key terms like genetic information and genetic tests and require written informed consent to obtain, access, analyze, and disclose such information. It would require written authorization to collect and store DNA samples used for analysis, with specific information required in the authorization and rules on retention. It would limit disclosures of genetic information to protect privacy and establish penalties for unlawful handling, including a new crime of unlawful DNA collection, analysis, retention, or disclosure. It would not change parents' rights to medical or genetic test results for their children.

Who It Affects

• Individuals whose genetic information is collected, analyzed, or disclosed, who would need informed consent, have control over disclosures, and could face penalties for improper handling.
• DNA sample sources and their representatives, who must authorize collection and storage of DNA samples, can revoke consent, and are protected by specific receiving and usage rules and penalties for violations.

Key Provisions

• Defines genetic characteristic, genetic information, genetic test, and informed consent concepts to guide the law.
• Requires written informed consent to obtain, access, analyze, and disclose genetic information.
• Requires written authorization to collect and store DNA samples for genetic analysis, including content requirements and retention rules.
• Lists permissible exceptions for collection and disclosure (e.g., criminal investigations, paternity, deceased individuals, anonymous research, newborn screening, federal identifications).
• Imposes penalties for violations, including fines for improper retention/collection/analysis or disclosure, damages to individuals, and creates the crime of unlawful DNA collection/analysis/disclosure (Class A misdemeanor).
• States that DNA samples and analysis results are the property of the person tested or analyzed and notes parental rights over children’s tests are unchanged.
• Notes the act is exempt from certain local-fund expenditure requirements because it creates or amends a crime.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Genetic Tests