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Activities » Factsheet » Genetic Discrimination

2008 Legislation/Education and Community Health Committee
Fact Sheet

Download 2008 Resolution [PDF]

2008 House of Delegates Resolution: In Support of Legislation Against Genetic Discrimination in the Workplace and for Insurance Purposes

  • The 1999 National Student Nurses' Association (NSNA) House of Delegates (p. 7) supported genetics education for nurses and nursing students.
  • 93% of Americans support genetic testing for research purposes, yet most are afraid to participate; and 92% of Americans are concerned that results of genetic tests could be used in detrimental ways (Genetics and Public Policy Center, 2007.)
  • The information gathered by research cannot be used to empower Americans if the public is fearful of misuse of information.
  • Three out of four Americans supported in 2008 a law forbidding genetic discrimination by health insurers and employers, but previously there was no national legislation covering genetic testing and privacy.
  • There was an executive order prohibiting federal departments and agencies from using genetic information for hiring and promoting purposes that President Clinton signed ; however, the executive order did not apply to the general public.
  • On May 21, 2008, President George W. Bush signed into law the Genetic Information Nondiscrimination Act (GINA), which prohibits U.S. insurance companies and employers from discriminating on the basis of information derived from genetic tests.
  • The GINA Act protects Americans from discrimination based on information derived from genetic tests. It forbids insurance companies from discriminating through reduced coverage or pricing and prohibits employers from making adverse employment decisions based on a person’s genetic code. In addition, insurers and employers are not allowed under the law to request or demand a genetic test.
  • Increased genetic testing makes it more likely that researchers will come up with early, lifesaving therapy for a wide range of diseases with hereditary links, lawmakers said. Genetic testing also will help doctors catch problems early, perhaps leading to preventive treatment and lower costs.

What Can Nursing Students Do?

  • Educate NSNA members and faculty about the 2008 Genetic Information Nondiscrimination ACT passes by the 110th Congress and signed into law;
  • Support educational programs in nursing curricula that prepare students to offer patient education related to genetic testing, patient confidentiality, and autonomy in the informed consent process;
  • Locate your U.S. Representative and his/her contact information (by your zip code) at http://www.house.gov Locate your U.S. Senators and their contact information (by your State) at http://www.senate.gov.
  • Write your U.S. Representative and thank them for their support of H.R. 493 (the only nay vote was cast by Rep. Ron Paul of TX); and thank your U.S. Senators* for their unanimous support of the Senate bill (H.R. 493 as amended) which once signed into law, became the Genetic Information Nondescrimination Act of 2008.

Resources:

Association of Women's Health, Obstetric and Neonatal Nurses: Position Statement on Role of the RN in Genetic Testing.

Read, C., Dylis, A., Mott, S., Fairchild, N. (2004). Educational Innovations: Promoting integration of genetics core competencies into entry-level nursing curricula. Journal of Nursing Education, 43 (8).