The Genetic Information Nondiscrimination Act (GINA)

Effective in 2009, Congress passed the Genetic Information Nondiscrimination Act (GINA) into law. This law provides protection against discrimination in health insurance coverage and employment settings based on an individual’s genetic information. It does not provide protection for disability insurance coverage, life insurance coverage, or other forms of insurance. If you have particular concerns about the privacy of your genetic information, speak with a genetic counselor or health care provider.

2011 Arizona Revised Statutes
Title 20 Insurance

The State of Arizona requires written informed consent before a genetic test can be performed and before any test results can be shared with a third party. The language of the statute follows below:

20-448.02. Genetic testing; informed consent; definitions

  1. Except as otherwise specifically authorized or required by this state or by federal law, a person shall not require the performance of or perform a genetic test without first receiving the specific written informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized pursuant to law to consent for that person. Written consent shall be in a form as prescribed by the director. The results of a genetic test performed pursuant to this subsection are privileged and confidential and may not be released to any party without the expressed consent of the subject of the test.
  2. As used in this section:
    1. “Gene products” means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.
    2. “Genetic test” means an analysis of an individual’s DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for disease or disorder.