HB 182

Enrolled Copy  H.B. 182
1Genetic Information Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Walt Brooks
  Senate Sponsor: Keven J. Stratton
2
3  LONG TITLE
4  General Description:
5      This bill addresses the use of genetic sequencing tools and the storage of genetic
6  sequencing data.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms;
10      ▸ prohibits the use of certain genetic sequencers and genetic sequencing software;
11      ▸ prescribes requirements and restrictions related to the storage of genetic sequencing data;
12      ▸ requires relevant entities to certify compliance with genetic sequencing requirements;
13      ▸ authorizes the attorney general to investigate alleged violations of genetic sequencing
14  requirements, and initiate civil actions for those violations; and
15      ▸ provides protections for an employee who reports a suspected violation of genetic
16  sequencing requirements to the attorney general.
17  Money Appropriated in this Bill:
18      None
19  Other Special Clauses:
20      This bill provides a special effective date.
21  Utah Code Sections Affected:
22  ENACTS:
23      26B-2-244, Utah Code Annotated 1953
24
25  Be it enacted by the Legislature of the state of Utah:
26Section 1. Section 26B-2-244 is enacted to read:
2726B-2-244 . Genetic sequencing -- Storage of genetic information -- Enforcement.
H.B. 182  Enrolled Copy
28   (1) As used in this section:
29(a) "DNA" means deoxyribonucleic acid.
30(b) "Domicile" means the country where:
31(i) a company is registered and headquartered;
32(ii) a company's affairs are primarily completed; or
33(iii) the majority of a company's ownership share is held.
34(c) "Foreign adversary" means a foreign adversary identified in 15 C.F.R. Sec. 791.4.
35(d) "Genetic sequencer" means a device or platform used to conduct genetic sequencing,
36resequencing, isolation, or other similar genetic research.
37(e) "Genetic sequencing" means a method to determine the identity and order of
38nucleotide bases in the human genome.
39(f) "Genomic research facility" means a facility that conducts research on, with, or
40relating to genetic sequencing or the human genome.
41(g) "Human genome" means a complete set of nucleic acid sequences for a human,
42encoded as the DNA within each of the 23 distinct chromosomes in the cell nucleus.
43(h) "Medical facility" means a facility for the delivery of health services that:
44(i) receives public funds, including pass-through appropriations from the federal
45government;
46(ii) is registered to provide health care services in the state; or
47(iii) conducts research or testing on, with, or relating to genetic sequencing or the
48human genome.
49(i)(i) "Open data" means genetic sequencing data that is available in the public
50domain, including in publicly available and open source repositories, databases, or
51publications.
52(ii) "Open data" includes genetic sequencing data derived from standard research cell
53lines.
54(j) "Operational and research software" means a computer program used for the
55operation, control, analysis, or other necessary functions of genetic sequencing or a
56genetic sequencer.
57(k) "Software" means a program or routine, or a set of one or more programs or routines,
58used or intended for use to cause one or more computers or pieces of
59computer-related peripheral equipment, to perform a task or set of tasks related to
60genetic sequencing or a genetic sequencer.
61   (2)(a) A medical facility or genomic research facility may not use a genetic sequencer or
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62      operational and research software that is a final product produced in or by, or
63      distributed by, a foreign adversary, a foreign adversary's state-owned enterprise, a
64      person domiciled within a foreign adversary, or an owned or controlled subsidiary or
65      affiliate of a person domiciled within a foreign adversary.
66      (b) A medical facility or genomic research facility with a genetic sequencer or genetic
67sequencing device prohibited under Subsection (2)(a) that is not permanently
68disabled shall:
69(i) remove or permanently disable the genetic sequencer or genetic sequencing
70device; and
71(ii) use a genetic sequencer or genetic sequencing device that is not prohibited by
72Subsection (2)(a).
73  (3)(a) A medical facility, genomic research facility, or other person that stores genetic
74      sequencing data may not store the data within the boundaries of a foreign adversary.
75      (b) Remote access to genetic sequencing data storage, other than open data, by a person
76within the boundaries of a foreign adversary is prohibited unless approved in writing
77by the department.
78      (c) A medical facility, genomic research facility, or other person that stores genetic
79sequencing data other than open data, including through a contract with a third-party
80data storage provider, shall ensure the security of the genetic sequencing data by
81using reasonable encryption methods, restrictions on access, and other cybersecurity
82best practices.
83      (d) Genetic sequencing data gathered as part of a clinical trial is exempt from the
84provisions of this Subsection (3), if the genetic sequencing data is gathered:
85(i) from clinical trial subjects outside the United States; or
86(ii) as part of a clinical trial and the storage, transfer, or remote access to the data is
87otherwise permitted under 28 C.F.R. Part 202.
88  (4)(a)(i) No later than December 31, 2028, each medical facility and genomic
89      research facility that is subject to this section shall provide a sworn statement to
90      the attorney general and the department confirming that the medical facility or
91      genomic research facility is in compliance with the requirements of this section.
92(ii) Each medical facility and genomic facility that is subject to this section shall
93provide the sworn statement described in Subsection (4)(a)(i) to the attorney
94general and the department every 10 years.
95      (b) A person that violates Subsection (2) is subject to a fine of $10,000 per violation,
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96enforceable beginning May 1, 2028.
97(c) For the purposes of Subsection (4)(b), each unique instance of a human genome
98undergoing genetic sequencing or analysis using a prohibited genetic sequencer or
99prohibited operational and research software is a separate violation.
100(d) A person that knowingly violates the provisions of Subsection (3)(a) by storing
101genetic sequencing data within the boundaries of a foreign adversary is subject to a
102fine of $10,000 per violation, enforceable beginning May 1, 2028.
103(e) This Subsection (4) does not apply to an entity that is subject to Title 13, Chapter 60,
104Part 1, Genetic Information Privacy Act.
105   (5)(a) The attorney general has the sole authority to enforce the provisions of this section.
106(b) Any person may notify the attorney general of a violation or potential violation of
107this section, and the attorney general may investigate an alleged violation of this
108section and institute appropriate actions regarding suspected violations.
109(c) The attorney general may initiate a civil action against a person for violating
110Subsection (2) or (3).
111(d) In an action to enforce Subsection (2) or (3), the attorney general may recover:
112(i) actual damages;
113(ii) costs;
114(iii) attorney fees; and
115(iv) $10,000 for each violation of Subsection (2) or (3).
116   (6) An employer may not take an adverse employment action against an employee if:
117(a) the employee notifies the attorney general of a violation or potential violation of this
118section; and
119(b) the adverse employment action is based on the employee notifying the attorney
120general regarding the violation.
121   (7) If any provision of this section, or the application of any provision to any person or
122circumstance, is held to be invalid, that holding does not affect the remainder of this
123section or the application of this section's provisions to any other person or circumstance.
124Section 2. Effective Date.
125   This bill takes effect on January 1, 2028.
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