BP BHEAD INT S [atlas:bill]

AN ACT Relating to consent requirements for the acquisition or conveyance of a person's deoxyribonucleic acid; adding a new chapter to Title 7 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Any entity obtaining a person's deoxyribonucleic acid in a form that identifies an individual person must have the person's informed consent.

(2) Informed consent requires:

(a) An explanation of the purpose for which the deoxyribonucleic acid is being obtained, and whether it will be converted into a computerized individual sequence of chemical base pairs or other form for interpretation;

(b) Identification of the entity obtaining the deoxyribonucleic acid and individual sequence;

(c) Disclosure of any entity with whom the deoxyribonucleic acid and individual sequence may be shared, including disclosure that the deoxyribonucleic acid or individual sequence may be shared in the future with an unknown entity;

(d) A statement of the expected duration that the deoxyribonucleic acid and individual sequence may be kept;

(e) A description of reasonably foreseeable risks or harm associated with providing the deoxyribonucleic acid and individual sequence;

(f) An explanation of how the deoxyribonucleic acid will be maintained, whether the physical sample will be destroyed or stored, including how and where it will be stored, and how the individual sequence information will be destroyed or stored, including how and where it will be stored;

(g) A statement describing any reasonably expected benefits or advantages associated with providing the deoxyribonucleic acid and individual sequence;

(h) A statement describing any confidentiality or privacy protections for the deoxyribonucleic acid and individual sequence;

(i) Identification of an individual contact and contact information from whom further information may be obtained or reported relative to the deoxyribonucleic acid and individual sequence;

(j) Provisions for expunging or removing the deoxyribonucleic acid and the individual sequence from the entity that obtained it;

(k) The exclusion of any exculpatory provisions from liability against the entity obtaining the deoxyribonucleic acid and individual sequence;

(l) A disclosure that providing deoxyribonucleic acid and an individual sequence is voluntary; and

(m) Compliance with the federal informed consent requirements, when applicable, which are more protective of individual privacy.

(3) A person's informed consent is not required:

(a) In criminal matters if the deoxyribonucleic acid is obtained pursuant to a statute or a lawfully issued court order;

(b) In situations where the person requires emergency medical care as long as the person, or his or her representative in death cases, is informed in a timely manner after the emergency that the deoxyribonucleic acid was obtained; and

(c) In situations where a person's bodily fluids are obtained without consent pursuant to specific statutory requirement mandating testing.

NEW SECTION. Sec. 2. Any entity that either obtains or conveys an individual's deoxyribonucleic acid that is individually identifiable or discloses any computerized interpretation of a person's deoxyribonucleic acid that is individually identifiable without proper authority either from the individual or pursuant to federal or state laws is liable in a civil action and shall pay reasonable attorneys' fees and costs. The court shall order an award of punitive damages against any party in violation of this section. The court's calculation of punitive damages shall be reasonable and include, but not be limited to, consideration of the merits of the case, the extent of actual damages incurred, the incentives of the offending party, the level of damages necessary to deter violations by the offending party, and the arguments of counsel.

NEW SECTION. Sec. 3. Sections 1 and 2 of this act constitute a new chapter in Title 7 RCW.