12-2801. Definitions


In this chapter, unless the context otherwise requires:


1. "Genetic test" or "genetic testing":


(a) Means a test of a person's genes, genetic sequence, gene products or
chromosomes for abnormalities or deficiencies, including carrier status, that:


(i) Are linked to physical or mental disorders or impairments.


(ii) Indicate a susceptibility to any illness, disease, impairment or other
disorder, whether physical or mental.


(iii) Demonstrate genetic or chromosomal damage due to any environmental factor.


(b) Does not include:


(i) Chemical, blood and urine analyses that are widely accepted and used in
clinical practice and that are not used to determine genetic traits.


(ii) Tests used in a criminal investigation or prosecution or as a result of a
criminal conviction.


(iii) Tests for the presence of the human immunodeficiency virus.


(iv) Tests to determine paternity conducted pursuant to title 25, chapter 6,
article 1.


(v) Tests given for use in biomedical research that is conducted to generate
scientific knowledge about genes or to learn about the genetic basis of disease or for
developing pharmaceutical and other treatment of disease.


2. "Health care decision maker" means a person who is authorized to make health
care treatment decisions for the patient, including a parent of a minor and a person who
is authorized to make these decisions pursuant to title 14, chapter 5, article 2 or 3 or
section 8-514.05, 36-3221, 36-3231 or 36-3281.


3. "Health care provider" means physicians licensed pursuant to title 32, chapter
13 or 17, physician assistants licensed pursuant to title 32, chapter 25, registered
nurse practitioners licensed pursuant to title 32, chapter 15, health care institutions
as defined in section 36-401 and clinical laboratories licensed pursuant to title 36,
chapter 4.1.