Legal Requirements for Performing Genetic Analysis
In Germany, Austria and Switzerland, performing genetic analysis is legally regulated for the protection of the patient. The German Genetic Diagnosis Law, Austrian Genetic Technology Law and the Swiss Genetic Diagnosis Law are very similar in this respect, while most other countries do not legally regulate genetic analyses. All three regulations classify genetic analysis as either non-medicinal (“lifestyle”) or medicinal. The German Genetic Diagnosis Law distinguishes between the following three categories of genetic tests:
Swiss law is exclusively applicable to the following areas:
- in the medical sector
- in the labour sector
- in the insurance sector
- in the legal liability sector
It therefore excludes analyses without medical significance and those that have not been ordered by either the examinee’s employer or insurance provider. This makes them available to anyone. This produces the following categories:
Genetic Analysis for Medicinal Purposes
With the exception of
Any form of genetic analysis that is performed for a medical purpose.
May be performed by:
Only doctors. This type of analysis may NOT be performed by alternative medicine practitioners, nutritionists or fitness trainers, and may not be sold on the Internet.
An examination that determines genetic traits but does not make a medical diagnosis.
May be performed by:
Anyone. It is not restricted to doctors or other professionals. These analyses can be performed in the gym, on the Internet and by both doctors or practitioners of alternative medicine.
In summary, this means that in all three countries, as well as in most other European countries, non-medical lifestyle genetic analysis is not restricted to doctors and can be offered by anyone. Medical genetic analysis, on the other hand, is exclusively restricted to doctors in Austria, Germany and Switzerland. The only difference is that medical allergy analysis (“pharmacogenetics”) is not considered a form of medical genetic analysis in Austria, while it is classified as such in Germany and Switzerland.
Who May Legally Offer Which Services?
Alternative medicine practitioners, nutritionists, fitness trainers and private persons:
- DNAnutriControl analysis
- Weight Sensor
- Nutrition Sensor (Home)
- Performance Sensor
- TOXO SENSOR
- PHARMACO SENSOR (only in Austria)
- All DNAnutriControl analyses
- All DNAhealthControl analyses