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Report to Scope and Program Committee [i] (June 26, 2005)

handle is hein.nccusl/nccpub01203 and id is 1 raw text is: Report and Recommendation of Study Committee
On Misuse of Genetic Information
June 26 2005
Recommendation
Your Study Committee recommends that creation of a Drafting Committee to draft a
Uniform Act on Misuse of Genetic Information Act in the areas of insurance and
employment.
Background
The current Study Committee is composed of D. Joe Willis, (Chair) Mike Getty,
Peter Langrock, Genny Ohrenschall, Art Peterson, Ken Takayama, James Wynn, Joan
Zeldon and James Nelson. Henry Drummond was appointed but resigned his position
from the Commission and did not participate. Robyn Shapiro participated as ABA
advisor. Several current members were also members of the Study Committee that
started this project and the Committee benefited from that continuity. The Current
Committee began its work with a more narrow focus. It focused on that areas of
employment and insurance and potential misuse of genetic information in those areas in
and effort to make the task more manageable.
The Committee had the benefit of all prior work, exchange of ideas and
suggestions, which did include some survey of existing law. The Committee also had the
very able help of Professor Philip G. Peters (University of Missouri School of Law) and
Professor Ellen Deason (Ohio State University School of Law). Professor Peters
provided a survey of existing state law and a grid to better summarize various
approaches. His work is attached as an Exhibit A. Most States have some law in this
area but it is all over the board as to approach. Also included as Exhibit B is a summary
from Professor Peters setting out Creative Strategies from Europe dealing with life
insurance. Professor Deason, in addition to her law training helped the committee
understand the technical aspects of the subject matter. Both Professors Deason and
Peters deserve a well-deserved thank you. The Committee and the Chair also had the
invaluable guidance and suggestions from both Fred Miller and Bill Henning and Martha
Walters. This guidance was also invaluable in keeping the focus limited for now with the
hope of completing the Study Committee work and any recommendation to be made in a
timely and focused manner.
The Committee did its work through independent efforts assisted by those
mentioned above through telephone conferences. Due to various scheduling problems
and time zone constraints not all members made each telephone conference but most did.
The participation level and diversity of viewpoint was very good. During the
Committee's work the Congress took up an effort but it stalled. The Australian Law
Reform Commission published it Genes and Ingenuity Report (June 2004) dealing
primarily with patent issues but was an outgrowth of an earlier study dealing with
Protection of Human Genetic Information. The information obtained demonstrates that
neither the States in the United States nor the United States have a comprehensive

PDX/01 2345/012345/JW/1 326343.1

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