Utah Code § 26B-2-250 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-250
§ 26B-2-250. Genetic sequencing -- Storage of genetic information -- Enforcement.
Status: in_force

5/1/2027 (1) As used in this section: (a) "DNA" means deoxyribonucleic acid. (b) "Domicile" means the country where: (i) a company is registered and headquartered; (ii) a company's affairs are primarily completed; or (iii) the majority of a company's ownership share is held. (c) "Foreign adversary" means a foreign adversary identified in 15 C.F.R. Sec. 791.4. (d) "Genetic sequencer" means a device or platform used to conduct genetic sequencing, resequencing, isolation, or other similar genetic research. (e) "Genetic sequencing" means a method to determine the identity and order of nucleotide bases in the human genome. (f) "Genomic research facility" means a facility that conducts research on, with, or relating to genetic sequencing or the human genome. (g) "Human genome" means a complete set of nucleic acid sequences for a human, encoded as the DNA within each of the 23 distinct chromosomes in the cell nucleus. (h) "Medical facility" means a facility for the delivery of health services that: (i) receives public funds, including pass-through appropriations from the federal government; (ii) is registered to provide health care services in the state; or (iii) conducts research or testing on, with, or relating to genetic sequencing or the human genome. (i) (i) "Open data" means genetic sequencing data that is available in the public domain, including in publicly available and open source repositories, databases, or publications. (ii) "Open data" includes genetic sequencing data derived from standard research cell lines. (j) "Operational and research software" means a computer program used for the operation, control, analysis, or other necessary functions of genetic sequencing or a genetic sequencer. (k) "Software" means a program or routine, or a set of one or more programs or routines, used or intended for use to cause one or more computers or pieces of computer-related peripheral equipment, to perform a task or set of tasks related to genetic sequencing or a genetic sequencer. (2) (a) A medical facility or genomic research facility may not use a genetic sequencer or operational and research software that is a final product produced in or by, or distributed by, a foreign adversary, a foreign adversary's state-owned enterprise, a person domiciled within a foreign adversary, or an owned or controlled subsidiary or affiliate of a person domiciled within a foreign adversary. (b) A medical facility or genomic research facility with a genetic sequencer or genetic sequencing device prohibited under Subsection (2)(a) that is not permanently disabled shall: (i) remove or permanently disable the genetic sequencer or genetic sequencing device; and (ii) use a genetic sequencer or genetic sequencing device that is not prohibited by Subsection (2)(a). (3) (a) A medical facility, genomic research facility, or other person that stores genetic sequencing data may not store the data within the boundaries of a foreign adversary. (b) Remote access to genetic sequencing data storage, other than open data, by a person within the boundaries of a foreign adversary is prohibited unless approved in writing by the department. (c) A medical facility, genomic research facility, or other person that stores genetic sequencing data other than open data, including through a contract with a third-party data storage provider, shall ensure the security of the genetic sequencing data by using reasonable encryption methods, restrictions on access, and other cybersecurity best practices. (d) Genetic sequencing data gathered as part of a clinical trial is exempt from the provisions of this Subsection (3), if the genetic sequencing data is gathered: (i) from clinical trial subjects outside the United States; or (ii) as part of a clinical trial and the storage, transfer, or remote access to the data is otherwise permitted under 28 C.F.R. Part 202. (4) (a) (i) No later than December 31, 2028, each medical facility and genomic research facility that is subject to this section shall provide a sworn statement to the attorney general and the department confirming that the medical facility or genomic research facility is in compliance with the requirements of this section. (ii) Each medical facility and genomic facility that is subject to this section shall provide the sworn statement described in Subsection (4)(a)(i) to the attorney general and the department every 10 years. (b) A person that violates Subsection (2) is subject to a fine of $10,000 per violation, enforceable beginning May 1, 2028. (c) For the purposes of Subsection (4)(b), each unique instance of a human genome undergoing genetic sequencing or analysis using a prohibited genetic sequencer or prohibited operational and research software is a separate violation. (d) A person that knowingly violates the provisions of Subsection (3)(a) by storing genetic sequencing data within the boundaries of a foreign adversary is subject to a fine of $10,000 per violation, enforceable beginning May 1, 2028. (e) This Subsection (4) does not apply to an entity that is subject to Title 13, Chapter 60, Part 1, Genetic Information Privacy Act. (5) (a) The attorney general has the sole authority to enforce the provisions of this section. (b) Any person may notify the attorney general of a violation or potential violation of this section, and the attorney general may investigate an alleged violation of this section and institute appropriate actions regarding suspected violations. (c) The attorney general may initiate a civil action against a person for violating Subsection (2) or (3). (d) In an action to enforce Subsection (2) or (3), the attorney general may recover: (i) actual damages; (ii) costs; (iii) attorney fees; and (iv) $10,000 for each violation of Subsection (2) or (3). (6) An employer may not take an adverse employment action against an employee if: (a) the employee notifies the attorney general of a violation or potential violation of this section; and (b) the adverse employment action is based on the employee notifying the attorney general regarding the violation. (7) If any provision of this section, or the application of any provision to any person or circumstance, is held to be invalid, that holding does not affect the remainder of this section or the application of this section's provisions to any other person or circumstance.