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Genetic Information and the Law

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DNA Fingerprinting

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The analysis of DNA from samples of body tissues or fluids to identify individuals. Used in criminal law to provide evidence in criminal investigations.

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Pharmacogenomics

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The study of how genes affect a person's response to drugs. This emerging field can lead to legal issues concerning drug approval and patent law.

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Family Medical History

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Information about diseases and health conditions that run in a person's family. GINA protects against discrimination based on family medical history.

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Human Genome Project

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An international scientific research project with the goal of determining the sequence of human DNA and identifying genes. Created legal challenges in intellectual property and privacy.

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Health Insurance Portability and Accountability Act (HIPAA)

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A federal law that provides data privacy and security provisions for safeguarding medical information, including genetic information.

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Genetic Discrimination

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The act of treating individuals differently because of their actual or perceived genetic differences. Protected under the Genetic Information Nondiscrimination Act (GINA) of 2008.

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Genetic Counseling

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A process to evaluate and understand a family's risk of an inherited medical condition. There are confidentiality and ethical standards set to protect the information shared during genetic counseling sessions.

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Genetic Information Nondiscrimination Act (GINA)

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A federal law that prohibits genetic discrimination in health insurance and employment, with some exceptions like military members.

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Biobanking

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The process of collecting, storing, and managing biological samples like DNA for research. Legal issues include consent, privacy, and ownership of genetic material.

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Preimplantation Genetic Diagnosis (PGD)

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A procedure used to detect genetic defects within embryos created through in vitro fertilization (IVF) before pregnancy. Legal issues include the ethics of selecting embryos based on genetic characteristics.

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Gene Therapy

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A technique that uses genes to treat or prevent disease. Entails legal and regulatory considerations, particularly with respect to safety, efficacy, and ethical concerns.

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Genetic Privacy

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The right to keep one's genetic information confidential. GINA and the HIPAA Privacy Rule provide protections for genetic information.

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BRCA1 and BRCA2

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Genes that produce tumor suppressor proteins. Legal debates have arisen over the patentability of human genes following the Supreme Court's decision in Association for Molecular Pathology v. Myriad Genetics.

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Direct-to-Consumer Genetic Testing

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Genetic tests that are marketed directly to consumers. The FDA regulates these tests and there are privacy concerns under the law about personal genetic information.

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Forensic Genetics

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The branch of genetics that deals with the application of genetic knowledge to legal problems and legal proceedings. Used primarily for identifying criminal suspects and victims.

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