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Legal Challenges in Genetics, Including Duty to Warn and Genetic Discrimination
1George Washington University, Washington, D.C. 20052, USA.
Cold Spring Harbor Perspectives in Medicine
|September 25, 2019
Summary
Genetic nondiscrimination laws in the US have gaps, impacting genetic testing access. Genetic counselors face uncertain legal duties regarding warnings to at-risk relatives about genetic risks.
Area of Science:
- Legal medicine
- Genetic counseling ethics
Background:
- Genetic testing offers significant health insights but raises concerns.
- Genetic discrimination and the duty to warn are complex legal issues in genetic counseling.
Purpose of the Study:
- To review legal issues in genetic counseling, specifically genetic discrimination and the duty to warn.
- To analyze the variability and gaps in US genetic nondiscrimination protections.
Main Methods:
- Literature review of federal and state laws.
- Analysis of legal obligations for genetic counselors.
Main Results:
- Federal and state genetic nondiscrimination protections in the US are complex and variable, with significant gaps.
- Existing laws likely do not mandate genetic counselors to directly warn at-risk relatives of genetic risks.
Conclusions:
- Gaps in genetic nondiscrimination laws may hinder access to genetic testing.
- The legal permissibility for genetic counselors to disclose genetic risks to at-risk relatives is uncertain and jurisdiction-dependent.
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