2022 Wyoming Statutes
Title 35 - Public Health and Safety
Chapter 32 - Genetic Data Privacy
Section 35-32-101 - Definitions.

35-32-101. Definitions.

(a) As used in this chapter unless otherwise defined:

(i) "Authorized representative" means a person authorized by state or federal law to make health care decisions for an individual;

(ii) "DNA" means deoxyribonucleic acid;

(iii) "Genetic testing" means any laboratory test of an individual's complete DNA, regions of DNA, chromosomes or genes to determine the presence of genetic characteristics of an individual;

(iv) "Genetic characteristic" means a gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder, trait or syndrome, or to identify an individual or a blood relative;

(v) "Genetic data" means any data, regardless of its format, that concerns an individual's genetic characteristics. Genetic data includes:

(A) Raw sequence data that result from sequencing of an individual s complete extracted or a portion of the extracted DNA;

(B) Genotypic and phenotypic information that results from analyzing the raw sequence data, including any familial inferences therefrom; and

(C) Self reported health information that an individual submits to a company regarding the individual's health conditions and that is used for scientific research or product development and analyzed in connection with the individual's raw sequence data.

(vi) "Informed consent" means the signing of a consent form or forms in writing or by electronic signature as defined in W.S. 40-21-102(a)(viii) by an individual or an individual's authorized representative which includes a description of:

(A) Any genetic testing to be performed and how the genetic testing or resulting genetic data will be used;

(B) How any genetic data will be retained or disclosed;

(C) An individual's rights under W.S. 35-32-103.

(vii) "Biological sample" means any material part of a human, discharge therefrom or derivative thereof known to contain deoxyribonucleic acid (DNA), such as tissue, blood, urine or saliva;

(viii) "Consumer" means a natural person who is a resident of the state of Wyoming;

(ix) "Deidentified data" means data that cannot be used to infer information about or otherwise be linked to an identifiable individual, and that is subject to:

(A) Administrative and technical measures to ensure that the data cannot be associated with a particular individual;

(B) Public commitment by the company to maintain and use data in deidentified form and not attempt to reidentify data; and

(C) Legally enforceable contractual obligations that prohibit any recipient of the data from attempting to reidentify the data.

(x) "Direct to consumer genetic testing company" or "company" means any person that offers consumer genetic testing products or services directly to consumers or who collects, uses or analyzes genetic data provided by a consumer;

(xi) "Express consent" means a consumer's affirmative response to a clear, meaningful and prominent notice regarding the collection, use or disclosure of the consumer's genetic data for a specific purpose.