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.
Art. 56 Misdemeanours
1 A person shall be liable to a custodial sentence not exceeding three years or to a monetary penalty if he or she wilfully: a. prescribes, arranges or performs a genetic test or creates or arranges a DNA profile without obtaining the consent of the person being tested required under this Act; b. in the course of his or her professional activity, discloses information on a person’s genetic material to that person against that person’s will; c. prescribes or arranges a genetic test on a person incapable of judgement that is neither required for the protection of that person’s health nor meets the requirements of Article 16 paragraph 2; d. prescribes or arranges prenatal genetic tests that neither serve to clarify characteristics that directly impair the health of the embryo or foetus, nor to clarify blood groups or blood characteristics in accordance with Article 17 paragraph 1 letter b, nor to clarify tissue characteristics in accordance with Article 17 paragraph 1 letter c; e. in conn
Art. 57 Contraventions
A person is liable to a fine if he or she wilfully: a. infringes the ban on advertising to the public under Article 14 paragraph 1 or advertises products or services to the public in which the information on the provisions of the Act required by Article 14 paragraph 3 or Article 47 paragraph 4 is false or missing; b. discloses to a pregnant woman before the end of the twelfth week of pregnancy the gender of the embryo or foetus contrary to Article 17 paragraph 2 letter a or Article 52 paragraph 3 or the results of the test for tissue characteristics contrary to Article 17 paragraph 2 letter b; c. performs a genetic test on a third party’s genetic material without possessing the required authorisation; d. performs DNA profiling on a third party without possessing the required recognition.
Art. 58 Competent authority and administrative criminal law
1 The cantons shall be responsible for the prosecution and adjudication of offences under this Act. 2 Articles 6 and 7 on offences committed within a company and Article 15 on forgery, and on obtaining a false certificate by fraud of the Federal Act of 22 March 1974 on Administrative Criminal Law apply.
Para. 2 — SR 313.0
