What are the legal limitations on the use of genetic testing in biomedical law?
In Oregon, biomedical law includes the legal limitations on the use of genetic testing. Genetic testing involves taking a sample of skin, blood, saliva, or other tissue and analyzing it to determine or predict a person’s health risks or traits. The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that bars certain employers and health insurance companies from discrimination based on genetic information. This means employers and health insurers cannot refuse to provide coverage or employment due to a person’s genetic make-up. However, there are some limitations on the use of genetic tests. Oregon state law bans the use of genetic tests to determine a person’s eligibility for insurance. Oregon also requires informed consent before any genetic test can be performed. This means that a patient must be informed of the risks and benefits of the test before giving their consent to take it. Additionally, Oregon state law limits the use of genetic tests to determine a person’s identity. This means that tests may not be used to determine a person’s race, ethnicity, or nationality. Finally, Oregon law requires that the results of any genetic tests must be kept confidential. This means that the results of any tests cannot be shared without the patient’s written consent. Overall, Oregon has put in place several legal limitations on the use of genetic tests in order to protect patients’ rights and privacy.
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