Restrictions on Genetic Testing in California
A number of states have enacted restrictions on genetic testing that go beyond the federal genetic privacy law, GINA. California has restricted the disclosure of test results for genetic characteristics in a limited way, as the law only applies to requests by insurers for this information. It is illegal for any person to negligently disclose results of a test for a genetic characteristic to any third party, in a manner which identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, or as provided in the Insurance Code or in California Health and Safety Code §§1603.1 to 1603.03.
A person who commits this act is subject to a civil penalty up to $1,000, plus court costs. A person who willfully commits this act is subject to a civil penalty of not less than $1,000, and no more than $5,000, plus court costs. A person who commits this act negligently or willfully and which results in economic, bodily or emotional harm to the subject of the test, is guilty of a misdemeanor punishable by a prison term of up to 1 year, a fine not to exceed $10,000, or both. Additionally, a person who violates this law is also liable for all actual damages, including economic, bodily or emotional harm that is proximately caused by the violation.