IndianaHB 1521First Regular Session 124th General Assembly (2025)House

Consumer genetic testing providers.

Sponsored By: Kyle Pierce (Republican)

Signed by Governor

Summary

Provides that a person may not discriminate against an individual on the basis of the individual's solicitation and use of consumer genetic testing services or on the basis of the results of genetic testing performed by a provider of consumer genetic testing services (provider). Requires a provider to disclose specified information to an individual who submits biological material to the provider for genetic testing. Prohibits a provider that performs, or causes to be performed, genetic testing on an individual's biological material from: (1) taking specified actions with regard to: (A) the biological material; or (B) data resulting from genetic testing performed on the biological material; unless the provider has solicited and received the individual's consent to the action; or (2) providing data, other than deidentified data, resulting from genetic testing performed on the individual's biological material to: (A) an insurer; (B) a business that provides information or data to insurers for the purposes of underwriting or rating of risks; or (C) the individual's employer. Imposes requirements on a provider with respect to: (1) controlling access to an individual's biological material and data; (2) complying with the individual's revocation of consent with regard to the individual's biological material and data; and (3) marketing or advertising sent to the individual as a result of the individual's solicitation and use of the provider's genetic testing services or use of a website or other remote or virtual service associated with the provider's genetic testing services. Provides that a provider may not charge a fee for the provision of biological material or data resulting from genetic testing performed on biological material: (1) to a law enforcement agency on the basis of a search warrant; or (2) as required by a court order; that is more than the provider's actual cost of providing the material or data. Provides for enforcement of the bill's provisions by the attorney general.

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Genetic testing users control sample uses

Before testing, providers must give you a written privacy notice and post it prominently online. It must explain collection, uses, storage, transfers, security, retention, extra testing, and which third parties test or access samples or data. Separate, clear consent is required for unrequested tests, other sample uses, covered sharing, longer storage, and results-based marketing or marketing-data sharing. Silence, general terms, and misleading screen designs do not count as consent. Without consent, samples must not be kept beyond 30 days after testing, or identifiable data beyond 30 days after service completion. Legally required testing or longer storage is exempt. These provider rules cover direct-to-consumer testing, not HIPAA-covered medical tests, court-required tests, law enforcement investigations, coroner testing, or federally regulated research. Data meeting legal deidentification standards are excluded from protected genetic data.

Genetic testing users gain data safeguards

Providers must use commercially reasonable security measures, let you access test data, and offer a clear way to revoke consent. They must act on revocation within 30 days and destroy covered samples or data within 30 days after storage consent ends. Third-party contracts must bar uses without consent, further sharing, and storage beyond the provider's allowed period. Ads linked to use of the service, website, or remote tools must be clearly labeled. Third-party ads must name the advertiser and say the provider has not checked its claims.

Genetic testing users gain discrimination protections

Indiana's law takes effect on passage. No one may deny goods or services, charge different rates, or suggest either because you seek genetic testing or receive results. Testing providers cannot share genetic data that identify you with insurers, insurance underwriting or risk-rating data suppliers, or your employer. That sharing ban applies even if you consent.

State enforces genetic testing privacy rules

Only Indiana's Attorney General enforces the provider rules; the law creates no right for individuals to sue. The Attorney General can seek court orders, up to $7,500 per violation, and investigation and legal costs. Providers must first receive 30 days' written notice identifying alleged violations. They avoid suit by fixing violations within that period and giving written assurance describing the fix and prevention steps. Continued violations or broken assurances allow enforcement to proceed. For samples or data supplied to law enforcement under warrants or court orders, charges cannot exceed actual costs, excluding labor and overhead.

Sponsors & Cosponsors

Sponsor

  • Kyle Pierce

    Republican • House

Cosponsors

  • Andrea Hunley

    Democratic • Senate

  • Brian Buchanan

    Republican • Senate

  • Eric Koch

    Republican • Senate

  • J.D. Ford

    Democratic • Senate

  • Mark Spencer

    Democratic • Senate

  • Matt Commons

    Republican • House

  • Robert Morris

    Republican • House

  • Tyler Johnson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 225 • No: 1

House vote • 4/23/2025

House reconsidered dissent and concurred with Senate amendments

Yes: 92 • No: 0

Senate vote • 4/10/2025

Third reading: passed

Yes: 42 • No: 1

House vote • 2/11/2025

Third reading: passed

Yes: 91 • No: 0

Actions Timeline

  1. Public Law 233

    5/6/2025House
  2. Signed by the Governor

    5/6/2025House
  3. Signed by the President of the Senate

    4/29/2025Senate
  4. Signed by the President Pro Tempore

    4/24/2025Senate
  5. Signed by the Speaker

    4/24/2025House
  6. House reconsidered dissent and concurred with Senate amendments; Roll Call 529: yeas 92, nays 0

    4/23/2025House
  7. Motion to concur filed

    4/23/2025House
  8. House conferees appointed: Pierce K and Miller K

    4/15/2025House
  9. House advisors appointed: Morris, Commons and Dant Chesser

    4/15/2025House
  10. Senate advisors appointed: Ford J.D., Buchanan and Koch

    4/14/2025Senate
  11. Senate conferees appointed: Johnson T and Hunley

    4/14/2025Senate
  12. Motion to dissent filed

    4/14/2025House
  13. House dissented from Senate amendments

    4/14/2025House
  14. Returned to the House with amendments

    4/11/2025Senate
  15. Third reading: passed; Roll Call 383: yeas 42, nays 1

    4/10/2025Senate
  16. Second reading: ordered engrossed

    4/7/2025Senate
  17. Senators Buchanan, Koch, Ford J.D., Spencer added as cosponsors

    4/3/2025Senate
  18. Committee report: amend do pass, adopted

    4/3/2025Senate
  19. First reading: referred to Committee on Commerce and Technology

    3/3/2025Senate
  20. Referred to the Senate

    2/12/2025House
  21. Senate sponsors: Senators Hunley and Johnson T

    2/11/2025House
  22. Third reading: passed; Roll Call 141: yeas 91, nays 0

    2/11/2025House
  23. Second reading: ordered engrossed

    2/10/2025House
  24. Committee report: amend do pass, adopted

    2/6/2025House
  25. Authored by Representative Pierce K

    1/21/2025House

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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