SB 1044 - This act limits the use of genetic information by insurance companies, employers, and genetic testing laboratories. The definitions for "genetic information" and "genetic test" in Section 375.1300, RSMo, are modified. Section 375.1303, RSMo, currently prohibits insurers from requiring or considering a person's genetic information. New language prohibits insurers from terminating, restricting, or otherwise limiting coverage based on genetic information or on a person's request for genetic services. This section applies to coverage applications made on or after January 1, 2000.

Section 375.1306, RSMo, currently prohibits employers from using genetic information. Exceptions to this provision are deleted and new language prohibits an employer from obtaining any genetic information or test results of an employee or potential employee. Employers also may not require DNA samples. Currently a $500 fine is imposed per violation and this act adds the possibility of civil damages.

Section 375.1309, RSMo, currently prohibits any person in possession of genetic information from disclosing it. This act prohibits disclosure, by any means of communication, of genetic information or test results.

A new Section 578.036 is created to prohibit the requirement of specific tests, such as fingerprinting, as a condition of doing business or of employment. Exceptions are provided for law enforcement, the Missouri bar, and others as provided by law. Anyone violating this section is guilty of a Class C misdemeanor and a fine up to $1000, and may also be subject to civil penalties of up to $100,000.

This act is substantially similar to HB 1835 (2000). STEVE WITTE