Privacy Law Library

Genetic Testing

NH Genetic Testing Law

Genetic · Health · Employees

Requires prior written informed consent before genetic testing and before disclosing that someone was tested or the results, with narrow exceptions (paternity, newborn screening, criminal investigations, medical examiner, clinical care). It bars employers and licensing bodies from requiring or using genetic tests and bars health insurers from requesting, requiring or rating on genetic test information.

Where
New Hampshire
Citation
N.H. Rev. Stat. Ann. ch. 141-H
Status
In force
In force since
1996-01-01
Last amended
2023-10-03
Enforced by
Courts, through individual civil actions
People can sue
Yes
Penalties
Aggrieved individuals may recover special or general damages of not less than $1,000 per violation, plus costs and reasonable legal fees.
Applies to
  • Any person performing genetic testing in New Hampshire or on NH residents based on bodily materials obtained in the state
  • Any person disclosing that an individual underwent genetic testing or disclosing results
  • Employers, labor organizations, employment agencies and licensing agencies
  • Health insurers; life, disability income and long-term care insurers (limited)

Rights it gives people

  • Aggrieved individuals may sue for damages of at least $1,000 per violation plus costs and fees.RSA 141-H:6

Practices it requires

  • Do not require an individual or family member to undergo genetic testing as a condition of doing business.RSA 141-H:2, I
  • Obtain prior written informed consent (from a parent or guardian for minors) before any genetic testing, subject to limited statutory exceptions.RSA 141-H:2, II
  • Do not disclose that a person has undergone genetic testing, or the results, without prior written informed consent, except as authorized; disclosure to entities in the patient's clinical care is allowed.RSA 141-H:2, III-IV
  • Employers, labor organizations, employment agencies and licensing agencies may not solicit, require or administer genetic tests or base employment, membership or licensure decisions on them, and no one may sell or provide genetic test information to them.RSA 141-H:3, I-III
  • Health insurers may not require or request genetic testing or test results, or condition coverage or set rates based on them.RSA 141-H:4
  • Life, disability income and long-term care insurers may not use genetic information they obtain in writing other types of insurance.RSA 141-H:5, II

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.