2011 Vermont Code
Title 18 Health
Chapter 217 GENETIC TESTING
§ 9331 Definitions

§ 9331. Definitions

For purposes of this chapter:

(1) "Commissioner" means the commissioner of banking, insurance, securities, and health care administration.

(2) "DNA" means deoxyribonucleic acid and "RNA" means ribonucleic acid.

(3) "Employee" has the same meaning as in 21 V.S.A. { 495d.

(4) "Employer" has the same meaning as in 21 V.S.A. { 495d.

(5) "Employment agency" has the same meaning as in 21 V.S.A. { 495d.

(6) "Genetic information" means the results of "genetic testing" contained in any report, interpretation, evaluation, or other record thereof.

(7)(A) "Genetic testing" means a test, examination or analysis that is diagnostic or predictive of a particular heritable disease or disorder and is of:

(i) a human chromosome or gene;

(ii) human DNA or RNA; or

(iii) a human genetically encoded protein.

(B) The test for human genetically encoded protein referred to in subdivision (A)(iii) of this subdivision shall be generally accepted in the scientific and medical communities as being specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome.

(C) For the purposes of sections 9332 and 9333 of this title, as they apply to insurers, section 9334 of this title, and section 4727 of Title 8, and notwithstanding any language in this section to the contrary, "genetic testing" does not include:

(i) a test, examination or analysis which reports on an individual's current condition unless such a test, examination or analysis is designed or intended to be specifically determinative for the presence or absence of a mutation, alteration, or deletion of a gene or chromosome; or

(ii) a test, examination or analysis of a human chromosome or gene, of human DNA or RNA, or of a human genetically encoded protein that is diagnostic or predictive of a particular heritable disease or disorder, if, in accordance with generally accepted standards in the medical community, the potential presence or absence of a mutation, alteration or deletion of a gene or chromosome has already manifested itself by causing a disease, disorder or medical condition or by symptoms highly predictive of the disease, disorder or medical condition.

(8) "Insurance" means a policy of insurance regulated under Title 8, offered or issued in this state, including health, life, disability and long-term care insurance policies, hospital and medical service corporation service contracts, and health maintenance organization benefit plans.

(9) "Labor organization" has the same meaning as in 21 V.S.A. { 495d.

(10) "Licensing agency" means a unit of state government authorized to grant, deny, renew, revoke, suspend, annul, withdraw or amend a professional license, certification or registration. (Added 1997, No. 160 (Adj. Sess.), { 5, eff. Jan. 1, 1999.)