Will back door regulation work on genetic testing companies?

At least one of the companies cited in the States vs. genetic testing issue is fighting back. Their argument? DNA is data not blood.

As far as I'm concerned, their challenge is fantastic!

Advocates of genetic privacy and regulation of genetic testing have been urging the Federal government to get involved for some time and both the FDA and CMS (which handles Medicaid and Medicare) have said that it's too early to worry about regulations or oversight. So, New York and California have taken up the gauntlet and challenged companies offering genetic testing services "illegally" in their states.

These states thought the issue was having a doctor order the test and supervise delivery of information to "patients". Since then, two views of genetic testing have entered the public view:

  • Genetic testing for health issues is different from identify testing for family connections, paternity, etc.
  • Genetic information is considered highly personal by some and just data by others.

Wonder what will come up next? Got any ideas or concerns yourself? Add a comment this blog and get in on the turmoil.

By the way, do you have any idea how genetic information is handled in your state?

Marie Godfrey, PhD


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