Definitions

  1. Law
  2. Arkansas Code
  3. Labor and Industrial Relations
  4. Working Conditions Generally
  5. Genetic Information in the Workplace
  6. Definitions

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As used in this subchapter, unless the context otherwise requires:

  1. (1) “DNA” means deoxyribonucleic acid;

  2. (2) “Employer” means employer as the term is defined in Section 3(d) of the Fair Labor Standards Act of 1938;

  3. (3)

    1. (A) “Genetic information” means information derived from the results of a genetic test.

    2. (B) “Genetic information” shall not include:

      1. (i) Family history;

      2. (ii) Results of a routine physical examination or test;

      3. (iii) Results of a chemical, blood, or urine analysis;

      4. (iv) Results of a test to determine drug use;

      5. (v) Results of a test for the presence of the human immunodeficiency virus; or

      6. (vi) Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;

  4. (4)

    1. (A) “Genetic test” means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder.

    2. (B) “Genetic test” shall not include:

      1. (i) A routine physical examination or a routine test performed as a part of a physical examination;

      2. (ii) A chemical, blood, or urine analysis;

      3. (iii) A test to determine drug use;

      4. (iv) A test for the presence of the human immunodeficiency virus; or

      5. (v) Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

  5. (5) “RNA” means ribonucleic acid.


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