State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE BILL NO. 1260
Introduced by: Representatives Hubbel, Jensen, Magstadt, Nelson (Stace), Olson (Betty),
Schaefer, and Venner and Senators Begalka and Maher
FOR AN ACT ENTITLED, An Act to repeal the authority the director of the Division of
Insurance has to promulgate rules governing use of genetic information and to enact certain
provisions regarding the use of genetic information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-18-87 be repealed.
58-18-87. The director may promulgate rules pursuant to chapter 1-26 pertaining to the use
of genetic information, whether the genetic information was derived from a genetic test or from
another source, as it relates to group health benefit plans.
Section 2. All DNA, genetic information, or results of any genetic test, as related to health
benefit plans, are the sole property of the person from whom it was derived. DNA, genetic
information, or test results may only be used or acquired with the permission of the person
tested or, if the person is under age eighteen, with the permission of a parent or legal guardian.
DNA, genetic information, or test results may not be sold or given to any federal or state agency,
any data bank for storage, or be used for research unless the person gives written informed
consent after the intent of the test and use of the results is specifically explained.
Any request for DNA, genetic information, or test results from a person shall relate the
specific purpose to which the information is being acquired, how long and where the
information will be stored, who will have access to the information, and what tests may be done
on the sample. All requests for genetic information or DNA shall clearly state that it is for the
purpose of a DNA analysis and may not be called a dried blood spot test.