§ 9331. Definitions

For purposes of this chapter:

(1) “Commissioner” means the Commissioner of Financial Regulation.

(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 (7) 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 8 V.S.A. § 4727, 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.)