What are the legal implications of genetic testing?

In California, genetic testing is subject to its own set of laws that provide for the protection of individuals’ rights to privacy and safety when it comes to their genetic information. Generally speaking, genetic testing is subject to the same laws and regulations that exist in California for other forms of medical information and treatment. The Genetic Information Nondiscrimination Act (GINA) of 2008 prevents employers and insurance companies from using genetic test results to discriminate against people in hiring practices and determining premiums. GINA also makes it illegal for employers and insurance companies to require genetic testing as a prerequisite to getting a job or a policy. Another law that affects genetic testing is California’s Confidentiality of Medical Information Act (CMIA), which protects medical information, including genetic information, obtained by healthcare providers. The CMIA prohibits the unauthorized disclosure of medical records, including those generated by genetic testing. California also has laws in place that regulate who is authorized to perform genetic testing. When ordering genetic tests, the patient must be given complete information about the test and the facility that is providing it. The patient must also provide their consent before the test can be performed. In conclusion, there are a variety of legal implications of genetic testing in California, all of which are designed to protect individuals’ privacy and safety when it comes to their genetic information.

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