Privacy Law Library

Genetic Testing Protections

VT Genetic Testing Law

Genetic · Employees · Health

Bars compulsory genetic testing except in listed cases such as parentage, newborn screening, criminal investigations and the DNA data bank. Genetic testing needs prior written informed consent, and results may be disclosed only with written authorization. Employers, unions, licensing bodies and insurers may not require or use genetic tests or genetic information.

Where
Vermont
Citation
18 V.S.A. ch. 217 (18 V.S.A. §§ 9331-9335)
Status
In force
In force since
1999-01-01
Enforced by
Courts (private actions); criminal prosecution; Department of Financial Regulation for insurance (8 V.S.A. § 4724)
People can sue
Yes
Penalties
Intentional violations of the employment or insurance provisions are crimes punishable by up to one year in prison or a $10,000 fine. Any aggrieved person may sue for damages, including punitive damages, equitable relief, back pay, reinstatement and attorney's fees (§ 9335). Insurance violations are also unfair insurance practices under 8 V.S.A. § 4724.
Applies to
  • Any person who performs genetic testing, releases bodily materials for testing, or discloses genetic test results
  • Employers, labor organizations and licensing bodies
  • Insurers issuing policies in Vermont

What a privacy notice must say

  • When requesting consent to a genetic test, advise that results may become part of the permanent medical record and may affect insurance eligibility.18 V.S.A. § 9332(f)

Practices it requires

  • No genetic testing, or release of bodily materials for testing, without the individual's prior written authorization and informed consent, except listed legal purposes and de-identified research.18 V.S.A. § 9332(a), (d)
  • Disclose genetic test results, or the fact of testing or a request for genetic services, only with the individual's written authorization.18 V.S.A. § 9332(e)
  • Employers, labor organizations and licensing bodies may not require genetic testing or use genetic test results, genetic information or requests for genetic services in employment, membership or licensure decisions.18 V.S.A. § 9333(a)
  • No one may disclose an individual's genetic information or testing history to an employer, labor organization, employment agency or licensing agency.18 V.S.A. § 9333(c)
  • Insurance policies may not be underwritten or conditioned on agreeing to genetic testing or on family members' genetic test results.18 V.S.A. § 9334(a)

Sources

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

Research reference, not legal advice.