The final regulations of GINA were released today — nearly 18 months after the proposed regulations were first released. You can download a copy of the regulations here. The actual text starts at about page 75.
As I’ve said earlier, however, employers in Connecticut should be wary about just following GINA however. Connecticut has long had a separate state law on the subject in Conn. Gen. Stat. 46a-60(a)(11).
The new regulations do provide some guidance in specific areas. For example, what kind of tests are not considered genetic testing? A test for infectious and communicable diseases that may be
transmitted through food handling; and, complete blood counts, cholesterol tests, and liver-function
tests. Testing for the presence of alcohol is not a genetic test while testing to see if someone has a genetic predisposition to alcoholism is a genetic test.
The new regulations also clarify that even a simple "Internet search" could be a banned practice:
A covered entity may not request, require, or purchase genetic information of an individual or family member of the individual, except as specifically provided in paragraph (b) of this section. “Request” includes conducting an Internet search on an individual in a way that is likely to result in a covered entity obtaining genetic information;
I’m sure there will be lots of analysis of these new regulations in the days and weeks to come and I hope to summarize that feedback in an upcoming post. But for those looking for a sneak peek at the regulations, you can read them for yourself.