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- Advocacy Win: Florida Enacts Genetic Privacy Law Amended by Florida Pathologists, CAP
Gov. Ron DeSantis signed genetic privacy legislation (HB 833) that the Florida Society of Pathologists (FSP) and the CAP amended to protect the scope of practice for pathologists and eliminate unnecessary burdens. The CAP collaborates with state pathology societies to ensure state laws regarding laboratory personnel have a scope of practice consistent with their education and training.
Gov. DeSantis signed the new law, which dictates the unauthorized disclosure of genetic information would constitute a criminal felony, on June 29. The law strengthens privacy protections to ensure companies cannot disclose consumer genetic information without the consumer’s express consent. The law will take effect on October 1. The CAP partners with state pathology societies to enhance state advocacy efforts that protect pathologists’ scope of practice.
The FSP and the CAP worked together to revise the new law to include amendments that exempt DNA samples used for “medial diagnosis and treatment of a patient” when express consent was obtained by a physician who took the specimen or when a CLIA-certified laboratory performed the analysis. The bill protects DNA samples for purposes of conducting quality assessments and improvement activities.
Under Florida law, DNA samples are the exclusive property of the patient “with regard to the collection, use, retention, maintenance, disclosure, or destruction of such samples or analysis results.” With the newly revised law, DNA samples are shielded to ensure such samples may be utilized for medical diagnosis and treatment to deliver quality care to patients, without legal obstacles to the practice of pathology.