Bill > SB318

This bill requires the Department of Commerce and Consumer Affairs to create and implement privacy rules specifically for direct-to-consumer genetic testing in Hawaii. The legislation aims to protect residents' genetic information, recognizing that current federal regulations like the Health Insurance Portability and Accountability Act (HIPAA) do not cover genetic tests purchased directly by consumers. The department must establish rules that clearly outline privacy protections and specify whether consumers' genetic data can be used for investigative genetic genealogy, which is a process of using genetic information to identify potential relatives or solve criminal investigations. The bill acknowledges that genetic testing results obtained outside of traditional healthcare settings lack robust privacy safeguards, and seeks to remedy this by giving the state regulatory body the authority to create comprehensive privacy standards. These new rules will not apply to genetic testing or information already protected under HIPAA, ensuring no duplicative regulation. The legislation will take effect immediately upon approval, signaling the state's intent to proactively address emerging privacy concerns in genetic testing.

Business and Industry

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=318&year=2026