Federal Act on Human Genetic Testing (HGTA) (HGTA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General provisions
Art. 31 Categories of non-medical genetic testing
1 Genetic tests to identify sensitive non-medical personality characteristics include tests performed in a non-medical context that concern the following: a. physiological characteristics which, if known, may influence a person’s lifestyle; b. personal characteristics such as character, behaviour, intelligence, preferences or talents; or c. ethnic or other characteristics concerning origin. 2 Other non-medical genetic tests are tests that are performed neither in a medical context, nor to identify the sensitive characteristics in terms of paragraph 1, nor to create a DNA-profile. 3 The Federal Council may specify the genetic tests defined in paragraphs 1 and 2 in more detail.
Art. 32 Provision of information
1 In the case of non-medical genetic testing, the following information must be provided to the person concerned in addition to the matters specified in Article 6: a. the laboratory that performs the genetic testing; and b. the companies and laboratories abroad which are involved in the testing or which process the genetic data. 2 The information must be provided in writing and contain contact details for the following persons: a. a specialist who is able to answer questions from the person concerned with regard to the genetic testing; b. the person responsible for the data processing.
Art. 33 Prohibition of the disclosure of surplus information
In the case of non-medical genetic testing, only the results that relate to the purpose of the testing may be disclosed to the person concerned.
Section 2 Additional Provisions on Genetic Testing
Art. 34 Prescription of the genetic testing
1 Genetic testing in terms of Article 31 paragraph 1 may only be prescribed by health professionals who: a. are authorised to practise under their own professional responsibility; and b. have acquired knowledge of human genetics in their education and training. 2 Testing may only be prescribed by health professionals who work in the field relevant to the genetic test. 3 The sample must be collected in the presence of the prescribing person. 4 The Federal Council, after consulting the Commission, shall specify which health professionals may prescribe which genetic tests.
Art. 35 Authorisation
1 Any person who wishes to perform cytogenetic or molecular genetic tests to identify sensitive characteristics requires authorisation from the FOPH; authorisation shall be granted if the requirements of Article 28 paragraph 3 are met. Article 28 paragraph 4 applies mutatis mutandis. 2 The Federal Council may stipulate an authorisation requirement for further genetic testing, exempt individual cytogenetic or molecular genetic tests from the authorisation requirement or make individual steps in the process of performing a genetic test subject to an authorisation obligation. Article 28 paragraph 2 applies mutatis mutandis.
Art. 36 Performing tests abroad
Article 29 applies mutatis mutandis to tests that are performed abroad.