TITLE X
PUBLIC HEALTH

Chapter 141-H
GENETIC TESTING

Section 141-H:1

    141-H:1 Definitions. –
In this chapter:
I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.
II. "Employment" means work performed by an employee for an employer for remuneration.
III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.
IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.
V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.
VI. "Individual" means a human being.
VII. "Labor organization" has the meaning given in RSA 354-A:2, X.
VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.
IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.
X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.
XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.

Source. 1995, 101:1, eff. Jan. 1, 1996.

Section 141-H:2

    141-H:2 Conditions of Genetic Testing. –
I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. Nothing in this section shall be construed to regulate or apply to genetic testing or genetic analysis used for diagnosis and treatment of a patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory. Nothing in this section shall be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.

Source. 1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013.

Section 141-H:3

    141-H:3 Use of Genetic Testing in Employment Situations. –
I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:
(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.
(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.
II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.
III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.
IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:
(a) Investigating a worker's compensation claim under RSA 281-A.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.
V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.

Source. 1995, 101:1, eff. Jan. 1, 1996.

Section 141-H:4

    141-H:4 Use of Genetic Testing in Health Insurance. –
A health insurer in connection with providing health insurance shall not:
I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.
II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

Source. 1995, 101:1, eff. Jan. 1, 1996.

Section 141-H:5

    141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. –
I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.
II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.

Source. 1995, 101:1, eff. Jan. 1, 1996.

Section 141-H:6

    141-H:6 Civil Action. – An aggrieved individual may bring a civil action under this chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.

Source. 1995, 101:1, eff. Jan. 1, 1996.