HOUSE BILL No. 5049


     July 15, 1997, Introduced by Rep. Profit and referred to the Committee on Health Policy.


        A bill to grant certain rights to an individual with regard

   to his or her genetic composition; to provide certain protections

   for those rights; and to create a civil cause of action.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1) An individual has a property right in his or

 2    her genetic composition.

 3         (2) An individual may bring a civil action in a court of

 4    competent jurisdiction in this state to protect the property

 5    right granted under subsection (1).

 6         Sec. 2.  (1) An individual has a right to privacy with

 7    regard to his or her genetic composition.  The right to privacy

 8    granted under this subsection is substantially similar to other

 9    privacy rights granted by the courts of this state under the

10    Michigan constitution of 1963.




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 1         (2) An individual may bring a civil action in a court of

 2    competent jurisdiction in this state to protect the privacy right

 3    granted under subsection (1), including, but not limited to, an

 4    action in tort for invasion of privacy.

 5         Sec. 3.  (1) A person shall not use the genetic composition

 6    of an individual for scientific purposes, research purposes,

 7    reproduction purposes, or any other purpose without first obtain-

 8    ing the individual's written consent for that specific use.

 9         (2) A person who violates subsection (1) is liable in a

10    civil action for damages for the amount of actual damages caused

11    by the violation, plus reasonable attorney fees and court costs.


































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