45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THAT A TASK FORCE BE CONVENED TO PROVIDE ITS FINDINGS AND RECOMMENDATIONS ON THE USE OF GENETIC INFORMATION, ITS APPLICATION IN CERTAIN AREAS AND APPROPRIATE LEGAL PROTECTIONS AND REMEDIES.

WHEREAS, more than four thousand diseases of genetic origin have been identified; and

WHEREAS, many of the diseases associated with genetic alterations are not diagnostic and only indicate a predisposition for a disease, such that a person with the genetic alteration may not necessarily develop the disease; and

WHEREAS, a person has an estimated five to thirty serious genetic alterations in his genetic composition representing less than one-tenth of one percent of his genetic information; and

WHEREAS, genetics is a rapidly evolving field including the identification of new genetic alterations with specific diseases, predisposition for diseases and new applications of genetic information; and

WHEREAS, the use of emerging knowledge may be beneficial to New Mexicans but the potential for misuse is significant; and

WHEREAS, the federal Health Insurance Portability and Accountability Act of 1996 prohibits the use of genetic information in health insurance but does not address its use in other types of insurance; and

WHEREAS, appropriate use of genetic counseling, analysis and information may be impeded by the potential for misuse of such information;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the office of the attorney general be requested to convene a task force composed of representatives from the insurance division of the public regulation commission, the workers' compensation administration, the insurance industry, labor, the general public and others as necessary to review, assess and make recommendations regarding:

A. the application of genetic information in employment and workers' compensation matters;

B. the impact of genetic information on the accessibility and affordability of life, long-term care and disability insurance; and

C. other emerging or related uses and misuses of genetic information, as appropriate; and

BE IT FURTHER RESOLVED that the assessment and formulation of recommendations include consideration of:

A. the appropriate scope of the definition of genetic information, including predictive and diagnostic genetic information, genetic test results, history of genetic counseling or testing, family history and inherited characteristics;

B. existing New Mexico and federal law regarding genetic privacy;

C. the interests of employers, employees, insurers and residents of New Mexico; and

D. appropriate legal protections and remedies; and

BE IT FURTHER RESOLVED that the office of the attorney general report its findings and recommendations by October 1, 2002 to the legislative health and human services committee or an appropriate interim committee; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the attorney general, the insurance division of the public regulation commission, the public regulation commission, the workers' compensation administration and the labor department.