[Legislative management of the direct sale of genetic testing and the health care system of Quebec].

Abstract

The increasing availability of direct to consumer genetic tests, particularly over the Internet, raises a number of difficult to answer legal questions for health care professionals. While lawmakers have enacted an exhaustive legislative scheme aimed at ensuring the efficiency and universality of publicly funded health care, genetic services sold outside the public system create have created a new challenge for the public system. An analysis of both Quebec and Federal legislation highlights the gaps in the current legal framework with regards to freely available genetic services. The varied impact of failing to address direct to consumer sales of genetic testing services is identified, including implications for consumer protection, control and regulation of testing, and their integration into the public health care system. According to this analysis, resolving these problems, in light of the need for consumer protection, and controlling the use of genetic tests is an essential first step towards the integration of genetic services into the public health care system.