(1) The federal Genetic Information Nondiscrimination Act (GINA) provides that the following records contain genetic information:

(a) an individual's genetic tests, including genetic tests done as part of a research study;

(b) genetic tests of an individual's family members;

(c) genetic tests of any fetus of an individual or family member who is a pregnant woman, and genetic tests of any embryo legally held by an individual or family member utilizing assisted reproductive technology;

(d) an individual's family medical history; and

(e) any request for, or receipt of, genetic services or participation in clinical research that includes genetic services (genetic testing, counseling, or education).

(2) Examples of frequently used employee personnel records that may contain genetic information include Family and Medical Leave Act (FMLA) request forms, reasonable accommodation requests, medical certification tests, medically fit for duty forms, and records relating to worker's compensation claims.