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The Ethics of State DNA Collection

2004 NCSL Annual Meeting Session

On July 22, 2004 the National Conference of State Legislatures' Criminal Justice Program, Genetic Technologies Project and Center for Ethics in Government jointly sponsored a session at NCSL's Annual Meeting in Salt Lake City, Utah, entitled "The Ethics of State DNA Collection." A brief description of the session and a list of speakers follows as well as links to speaker presentations (when available) and handouts.

Session Description:

The use of DNA analysis to catch criminals and detect diseases has created a vast reserve of genetic samples. Ethical, legal and social questions about the use and storage of these specimens persist. This session explored privacy, consent and other issues surrounding state collection of DNA.

Presenters:

Senator Jennie M. Forehand, Maryland (Moderator)

Chris Asplen, J.D., Attorney, Smith-Alling-Lane, London, United Kingdom

Jeffrey Botkin, M.D., Professor of Pediatrics and Medical Ethics, University of Utah School of Medicine, Salt Lake City, Utah

Dr. Jeffrey Botkin's presentation

Mark Rothstein, J.D., Institute Director, Institute for Bioethics, Health Policy and Law, University of Louisville, Kentucky

Mark Rothstein's presentation

Handouts:

The following documents are examples of state statutes on DNA collection that were provided at the session. These examples were distributed for the purpose of meeting Continuing Legal Education credits. NCSL does not endorse a particular policy approach to state DNA collection.

Nebraska DNA  Detection  of  Sexual  and  Violent Offenders Act
Neb. Rev. Stat. §29-4101 to 4115

South Dakota Newborn Screening Statute
South Dakota Codified Laws §34-24-16 to 25

Links to Other Resources on this Topic:
(The resources below are provided for informational purposes only. The views expressed on the non-NCSL Web sites listed below do not necessarily reflect the views of NCSL.)

• American Society of Law, Medicine and Ethics, DNA Fingerprinting and Civil Liberties Project
• Department of Energy, Ethical, Legal and Social Issues
• National Human Genome Research Institute, Policy and Ethics
• National Newborn Screening and Genetics Resource Center, Resources for Newborn Screening, Genetics and Birth Defects
• NCSL's DNA and Crime Web Page
• NCSL's Newborn Genetic and Metabolic Screening Page

 Genetic Technologies Project Menu Page