Companies selling DNA testing kits must give users a clear notice with specified information, unless the company uses the DNA only for the purchased testing service and does not share the DNA or results with third parties for another use.
CHAPTER 58. DNA TESTING KITS §3151. DNA testing kits; notice to user A. Any company selling kits for DNA testing for any purpose shall provide the user of such kit with notice in a concise and easy-to-read manner informing the user of all of the following to the extent they apply to the DNA testing kit being provided by the company: (1) Whether the user's DNA may be used for scientific research or analysis unrelated to the service that was purchased, and whether express consent is required for such research or analysis. (2) Information on the nature of the scientific research and analysis unrelated to the service that was purchased that may be conducted with the user's DNA. (3) Whether the user has the option to withhold consent to the use of his DNA for scientific research or analysis unrelated to the service that was purchased. (4)(a) Whether the user's DNA may be shared with a third party for a purpose unrelated to the service that was purchased. (b) Whether the user's DNA may be sold to a third party for any purpose. (5) Whether the user has the ability to have his DNA destroyed by the company upon his request. (6) A statement as to whether the user relinquishes ownership of his DNA by submitting his DNA for testing. B. The company shall provide to the user the notices required in Subsection A of this Section through either of the following methods: (1) A website or mobile application, if the user is required to access the website or mobile application in order to obtain the DNA testing service that was purchased. (2) Through a written notice included in the box in which the testing kit is provided. C. The provisions of this Section shall not apply to a company that utilizes the DNA only for the testing service purchased, and does not provide the DNA or the test results to a third person for another use or purpose. Acts 2018, No. 571, §1.