Enhancing the Oversight
of Genetic Tests:
Recommendations
of the SACGT
July 2000
Secretarys Advisory Committee
on Genetic Testing
National Institutes of Health
6000 Executive Boulevard, Suite 302
Bethesda, Maryland 20892
Acknowledgements .. iii
SACGT Roster .. iv
Executive Summary .. . . vi
Introduction
..
1
Background
..
1
Charge
to the Committee
.. 4
Public Consultation Process
. 5
Characteristics
of Genetic Tests and Implications for Oversight
. 6
Complexity of Human Disease
6
Gap Between Diagnosis and
Treatment
.. 6
The Changing Nature of Genetic
Information
.
6
Potential Benefits of Genetic
Tests
. 7
Potential Risks of Genetic Tests
. 7
Current
System of Oversight of Genetic Tests
. 8
The Roles of the Centers of Disease
Control and Prevention and Health Care
Financing Administration
...
..
9
The Role of the Food and Drug
Administration
.
. 10
The
Role of Regulations Protecting Human Subjects
.
. 10
The Role of the National Institutes
of Health
.
.
.
11
The Role of the Agency for
Healthcare Research and Quality
.
.
... 11
The Role of the Health Resources and
Services Administration
.
. 11
The Role of the States
..
.
.. 12
The Role of the Private Sector
.
.
12
Conclusions
and Recommendations
..
13
Issue 1
.. 15
Analytical Validity
. 15
Clinical Validity and
Clinical Utility
. 16
Factors to
be Considered in Assessing Clinical Validity
.. 17
Factors to
be Considered in Assessing Clinical Utility
.
17
Social
Consequences
..
.
... 20
Issue 2
.
.
20
Issue 3
.
.
23
Need for Post-Market
Data Collection and Dissemination
.
... 25
Issue 4
.
.
25
Issue 5
.
.
28
Oversight of Tests in
the Research Phase of Development
.
.. 30
Transition of Genetic
Tests to Clinical and Public Health Use
.
. 30
Review of Tests Already
on the Market
.
31
Enforcement of Test
Promotion and Marketing Regulations
.
31
Conclusion
32
Appendices
Appendix A: April 19, 2000, Federal
Register Notice
Appendix B: Summary of Public
Comments
ACKNOWLEDGEMENTS
The participation of the
public was fundamental to the development of this report. SACGT is grateful to the more than 400
individuals and groups who provided input into the report and commented on the
recommendations as they were being developed.
The Committee appreciates the effort many people and groups made to
provide testimony during our deliberative meetings and to the more than 250
people who braved a winter storm to attend a public consultation meeting at the
University of Maryland, Baltimore on January 27, 2000. The January 27th meeting was a
particularly important element in SACGTs public consultation process because
it engaged a broad range of public perspectives, including perspectives of
diverse communities, on issues associated with the oversight of genetic
tests. It also allowed the Committee to
learn first-hand of the hopes and fears of members of the public who have been
affected by genetic conditions. SACGT owes the success of the meeting in large
part to the critical advice provided by members of an ad hoc steering group,
which was formed to help plan and organize the meeting. For their contributions and support, SACGT
wishes to thank in particular Maricela Aguilar, R.N., M.S.N.; Adrienne Asch, Ph.D.,
M.S.; Sylvia Au, M.S.; Thomas Bleecker, Ph.D.; Vence Bonham, J.D.; Mei-Ling
Chang, M.P.H.; William Freeman, M.D., M.P.H.; Jane Lin-Fu, M.D.; Ilana Mittman,
M.S./C.G.C.; Robert Murray, M.D.; Donna Olsen; Pilar Ossorio, Ph.D., J.D.; and
Gisela Rodriguez, M.S.
Secretarys Advisory Committee on Genetic Testing
Chair
Edward
R.B. McCabe, M.D., Ph.D.
Professor
and Executive Chair
Department
of Pediatrics
University
of California, Los Angeles
Physician-in-Chief
Mattel
Childrens Hospital
10833
Le Conte Avenue, 22-412 MDCC
Los
Angeles, CA 90095
Members
Patricia
A. Barr
Partner
Barr,
Sternberg, Moss, Lawrence, & Silver, P.C.
507
Main Street
Bennington,
VT 05257
Kate
C. Beardsley, J.D.
Partner
Buc
& Beardsley
919
Eighteenth Street, N.W.
Washington,
DC 20006
Ann
Happ Boldt, M.S., C.G.C.
Genetic
Counseling Consultant
13987
Springmill Ponds Circle
Carmel,
IN 46032
Joann
Boughman, Ph.D.
Vice
President for Academic Affairs
Dean
of the Graduate School
University
of Maryland, Baltimore
520
West Lombard Street
Baltimore,
MD 21201
Wylie
Burke, M.D., Ph.D.
Associate
Professor
Department
of Medicine
Division
of Medical Genetics
University
of Washington
1705
NE Pacific, Room K253
Seattle,
WA 98195
Patricia
Charache, M.D.
Program
Director
Quality
Assurance and Outcomes Assessment
Department
of Pathology
Johns
Hopkins University Hospital
600
North Wolfe Street
Baltimore, MD 21205
Mary E. Davidson, M.S.W.
Executive
Director
Alliance
of Genetic Support Groups
4301
Connecticut Avenue, N.W., Suite 404
Washington,
DC 20008
Elliott
D. Hillback, Jr.
Senior
Vice President
Corporate
Affairs
Genzyme
Corporation
One
Kendall Square
Cambridge,
MA 02139
Barbara
A. Koenig, Ph.D.
Executive
Director
Stanford
Center for Biomedical Ethics
Stanford
University
701A
Welch Road, Suite 1105
Palo
Alto, CA 94304
Judith
A. Lewis, Ph.D., R.N.
Associate
Professor
Maternal
Child Nursing
Director
of Information Technology
School
of Nursing
Virginia
Commonwealth University
1220
East Broad Street
Richmond,
VA 23298
Victor
B. Penchaszadeh, M.D., M.S.PH.
Professor
of Pediatrics
Albert
Einstein College of Medicine
Chief,
Division of Medical Genetics
Department
of Pediatrics
Beth
Israel Medical Center
First
Avenue at 16th Street
New
York, NY 10003
Reed
V. Tuckson, M.D.
Senior
Vice President
Professional
Standards
American
Medical Association
515
North State Street
Chicago,
IL 60610
Agency
for Healthcare Research and Quality
John
M. Eisenberg, M.D.
Administrator
Alternate:
David
Lanier, M.D.
Acting
Director
Center
for Primary Care Research
Centers
for Disease Control and Prevention
Jeffrey
P. Koplan, M.D., M.P.H.
Director
Alternate:
Muin
Khoury, M.D., Ph.D.
Director
Office
of Genetics and Disease Prevention
Food
and Drug Administration
Jane
E. Henney, M.D.
Commissioner
Alternate:
David
W. Feigal, Jr., M.D., M.P.H.
Director
Center for Devices and Radiological Health
Health
Care Financing Administration
Nancy‑Ann
Min DeParle, J.D., M.P.H.
Administrator
Alternate:
Jeffrey
L. Kang, M.D., M.P.H.
Director
Office
of Clinical Standards and Quality
or
Judy
A. Yost, M.A., M.T. (ASCP)
Director,
Division of Laboratories and Acute Care
Center
for Medicaid and State Operations
Health
Resources and Services Administration
Claude
Earl Fox, M.D., M.P.H.
Administrator
Alternate:
Michele
Lloyd-Puryear, M.D., Ph.D.
Chief,
Genetic Services Branch
Maternal
and Child Health Bureau
National
Institutes of Health
Ruth
Kirschstein, M.D.
Acting
Director
Alternate:
Francis
Collins, M.D., Ph.D.
Director,
National Human Genome Research Institute
Executive
Secretary
Sarah
Carr
Executive
Secretary
Secretarys
Advisory Committee on Genetic Testing
Office
of Biotechnology Activities
Office
of Science Policy
National
Institutes of Health
6000
Executive Boulevard, Suite 302
Bethesda,
Maryland 20892
EXECUTIVE
SUMMARY
The
Secretarys Advisory Committee on Genetic Testing (SACGT) was chartered in 1998
to advise the Department of Health and Human Services (DHHS) on the medical,
scientific, ethical, legal, and social issues raised by the development and use
of genetic tests. In June 1999, Dr.
David Satcher, Assistant Secretary for Health and Surgeon General, asked SACGT
to assess, in consultation with the public, the adequacy of oversight of
genetic tests and, if warranted, based on a consideration of the public
comments and an analysis of the issues, to recommend options for additional
oversight and to ensure public access to quality genetic tests.
Dr.
Satcher provided SACGT with a framework of five central questions around which to
organize the assessment and requested that SACGT report back by March 15,
2000. During the summer and fall of
1999, the Committee gathered background information on genetic testing,
designed five approaches to gather professional and public opinions on
oversight of genetic testing, and prepared a document for soliciting public
comment. The public consultation was
held from December 1, 1999, to January 31, 2000. On February 24-25, 2000, the Committee met to review the public
input received and to develop conclusions and recommendations on the adequacy
of oversight of genetic testing. SACGT submitted a brief report of its
preliminary recommendations to Dr. Satcher on March 15, 2000. Public comments were solicited on the
preliminary conclusions and recommendations during April and May 2000. On June 5-7, 2000, SACGT met to review
public comments and finalize conclusions and recommendations on oversight of
genetic tests.
Five Major Issues for Oversight Report
Issue
1: What criteria should be used to assess
the benefits and risks of genetic
tests?
Issue 2: How can the criteria for assessing the benefits and risks of
genetic tests be
used to differentiate categories of tests?
What are the categories, and what
kind of mechanism could be used to assign tests to the different
categories?
Issue 3:
What process should be used to collect, evaluate, and disseminate data on
single tests or groups of tests in each category?
Issue 4:
What are the options for oversight of genetic tests and the advantages and
disadvantages of each option?
Issue 5: What is an appropriate
level of oversight for each category of genetic test?
After considering the public comments, SACGT developed the following preliminary overarching principles and recommendations.
·
One of the main goals of genetic testing is to
improve the health and well-being of individuals and families. The achievement of this goal depends upon the
rapid and broad availability of genetic tests as well as their appropriate
use. No test should be introduced in
the market before it is established that it can be used to diagnose and/or
predict a health-related condition in an appropriate way. Thus, the public is best served by ensuring
both the adequate oversight of genetic tests and the continued development of
genetic tests.
·
Individual and family members considering genetic
testing should have access to appropriate genetic education and counseling
resources to ensure their ability to make an informed decision about being
tested. Genetic education and
counseling are required for any test warranting high scrutiny (the
meaning of high scrutiny is explained on pages 21- 22 of this report). Because genetic education and counseling are
essential features of many genetic tests, organizations that pay for such tests
should also pay for the necessary education and counseling services. Because the need for such services is likely
to increase, concerns have been raised about the insufficient supply of health
professionals trained in genetics, and the need for greater efforts to train
health professionals in this field.
·
Since genetic education and counseling are critical
to the appropriate use, interpretation, and understanding of genetic test
results, efforts to ensure the education of the public as well as health
providers about genetics are necessary.
·
Documentation of informed consent must be obtained
for tests requiring high scrutiny. The
extent to which written informed consent should be obtained for all other
genetic tests requires further deliberation.
·
Federal legislation is needed to prohibit
discrimination in employment and health insurance based on genetic
information. Federal legislation is also
needed to protect the privacy of genetic information as well as other medical
information in medical records. Without these protections, the public will be
reluctant to undergo genetic tests that might be beneficial to its health and
well-being.
·
The public, through involvement of advocacy groups,
organizations, and individuals, needs to be involved in the ongoing
consideration of issues surrounding genetic testing. This will be particularly
important in addressing the concerns of minority populations and diverse
communities regarding the purposes and uses of genetic testing.
Recommendations
·
Analytical validity, clinical validity, clinical
utility, and social consequences should be the major criteria used to assess
the benefits and risks of genetic tests.
Issue 2: How can the criteria for assessing the benefits and risks of genetic tests be used to differentiate categories of tests? What are the categories, and what kind of mechanism could be used to assign tests to the different categories?
For
the purposes of review, one useful way to consider tests is to assess them
across several dimensions. These criteria are necessary but may not be sufficient
for all tests.
·
Is
the test used to detect somatic or germline variations?
·
Is
the test at this stage of development primarily diagnostic or predictive?
·
Is
the test used to detect a rare disease or a rare mutation?
·
Does
the complexity of the test procedures make performance or interpretation of
results difficult?
·
Is
the mutation being tested for highly or weakly penetrant?
·
Is
a proven intervention available to prevent or treat the disease for which the
test is being conducted?
·
Is
the test used for population-based screening or testing of individuals?
·
Is
the prevalence of the disorder for which the test is used high or low?
·
Is
there potential for stigmatization of individuals or groups from the test
results?
·
Is
the test designed or able to identify more than one condition?
For
example, predictive tests require more scrutiny than do diagnostic tests. Similarly, tests for weakly penetrant
mutations require more assessment than do those for highly penetrant genes.
Tests for conditions for which no interventions are available would require
more review than tests for conditions for which interventions exist. Thus, for example, a high scrutiny test
would be one that is predictive, detects a mutation that is weakly penetrant,
and for which a proven intervention is not available. Similarly, a complex test, such as linkage analysis for which
interpretation is difficult, would require more oversight than a test measuring
the presence or absence of a defined mutation.
Conversely, lower scrutiny would be needed for tests performed solely to
detect somatic mutations or to detect genotypic information used exclusively to
direct clinical management of symptomatic patients.
·
The
classification of a test into a scrutiny level is an essential initial step in
the process of test evaluation.
Determining the level of review required of a particular genetic test
will be crucial to ensuring that a test receives the appropriate level of
review based on the characteristics of the test and its target disease or
condition, the intended use of the test, and the potential for improved medical
outcome. Because further work is needed
to develop the criteria and the methodology to be used in classifying tests by
the level of scrutiny required, a SACGT working group, augmented by
representatives of relevant federal agencies, professional organizations, and
the public and private sectors, will immediately begin to develop a proposed
algorithm for the classification of genetic tests. At the completion of this effort, an addendum to this report
outlining the algorithm for classifying genetic tests will be submitted in Fall
2000. It is recommended that these
criteria and methodology be used in the classification of genetic tests.
Issue 3: What
process should be used to collect, evaluate, and disseminate data on single
tests or groups of tests in each category?
·
The responsibility for collecting initial data on
the analytical validity of a test lies with the test developer.
·
Initial knowledge of the clinical validity of a
genetic test is essential to assess its safety and efficacy. Further knowledge will depend on additional
research and the long-term systematic collection and analysis of additional
data. Researchers and test developers
should gather and share data on the clinical validity and utility of genetic
tests.
·
Since data sharing and analysis are critical,
relevant DHHS agencies should work collaboratively with researchers and test
developers to advance data collection and provide this information to health
care providers and the public. Initial
exploratory data collection efforts among DHHS agencies, which have been
coordinated by CDC, have been of value and should continue. DHHS agencies should involve relevant
experts, organizations, and public representatives in data collection
efforts. Appropriate and timely data
collection could contribute to a variety of assessments that would be critical
to evaluating genetic tests, such as 1) comparative analyses of information
gathered from existing literature sources; 2) pilot projects to assemble and
compare data from published and unpublished sources; and 3) formal technology
assessments. The results of such assessments should be made publicly available
in a timely manner.
·
Protecting the confidentiality of data and the
privacy of individuals is essential to the progress of data collection efforts.
·
Laboratories should be encouraged or required to
make pre- and post-marketing data on genetic tests available in a timely, accurate,
and understandable manner.
·
Post-market data collection can enhance
understanding of current applications of a genetic test and is important for
any expansion of the use of a genetic test beyond the initial indications
approved when the test is made available.
Laboratories providing clinical genetic services should commit to
post-market data collection efforts.
Issue 4: What
are the options for oversight of genetic tests and the advantages and
disadvantages of each option?
·
Based on the rapidly evolving nature of genetic
tests, their anticipated widespread use, and extensive concerns expressed by
the public about their potential for misuse or misinterpretation, additional
oversight is warranted for all genetic tests.
·
The oversight of genetic testing must be
accomplished through new and innovative oversight mechanisms that will not
limit the development of new tests or inordinately delay their
availability. To ensure adequate and
appropriate oversight of genetic tests, multiple agencies in collaboration with
the private sector will be required to develop and implement a new multi-step
process of evaluation for genetic tests.
·
FDA should be the federal agency responsible for the
review, approval, and labeling of all new genetic tests that have moved beyond
the basic research phase. The level of
review applied by FDA should correlate with the level of scrutiny warranted by
the test as defined through the system developed by SACGT discussed in Issue 2
(page 20). Using criteria informed by
standards already in place in professional organizations and based on and
integrated with existing regulations, such as CLIA, FDA must delineate review
processes for pre-market evaluation of genetic tests. These processes should focus on evaluation of the data regarding
analytical and clinical validity, as well as on claims made by the developer of
the test about its clinical utility.
The review processes must minimize the time and cost of review without
compromising the quality of the assessment of test validity. To facilitate test availability,
requirements for post-market data collection may be imposed in the approval
process. Before actual implementation
of the review processes, and in a timely fashion, detailed modeling of the
proposed plan for a variety of tests of different scrutiny levels should be
undertaken, which would include an analysis of the impact on cost,
availability, and delays in the availability of tests.
·
Development of data formats for post-market
information gathering to update the utility of genetic tests should be the
responsibility of CDC in collaboration with FDA, other federal agencies, and
private sector organizations, as appropriate.
Post-market collection, aggregation, and analysis of data should be
performed under the auspices of CDC, and may be required of the test developer
as well as other users of the approved tests.
The focus of this effort should be to attain full understanding of the
clinical utility of the test. The data
collected should not include personally identifiable information.
·
To assure continued collaboration among agencies,
professional organizations, the private sector, and public representatives in
this critical transition, SACGT should serve as a resource to the Secretary to
facilitate the development and implementation of the proposed processes.
·
Clinical Laboratory Improvement Amendment
regulations should be augmented to provide more specific provisions for
ensuring the quality of laboratories conducting genetic tests.
·
DHHS agencies should be provided with sufficient
resources to carry out expanded oversight of genetic tests, including test
review, enhanced CLIA oversight of testing laboratories, coordinated data
collection, and information dissemination.
Issue 5: What
is an appropriate level of oversight for each category of genetic test?
·
IRB review should be conducted of all research
protocols for genetic tests in which individually identifiable human subjects
or samples are used, regardless of the funding source. Informed consent must be
obtained from all subjects participating in such research. Institutions that lack an IRB must obtain
the services of a qualified board. Efforts will be needed to ensure that IRBs
are suitably equipped to carry out these reviews. In
addition, since only CLIA-certified laboratories may return test results used
for purposes of treating, diagnosing or assessing a persons health to
individuals, family members or health care providers, Federal agencies should
make technical assistance available to laboratories performing tests for orphan
diseases or mutations to help them meet the CLIA certification requirement
·
FDA should give particular attention to the review
of genetic tests that are used to predict diseases and conditions for which no safe
and effective interventions are available.
Other tests may also warrant a higher level of scrutiny in the FDA
review process.
·
In the future, tests may be developed that raise
major social and ethical concerns.
Because FDAs review will focus on assuring the analytical and clinical
validity of a test, the agencys capacity to assess the ethical and social
implications of a test may not be sufficient.
The Secretary should consider the development of a mechanism to ensure
the identification and appropriate review of tests that raise major social and
ethical concerns.
·
Using principles employed for the review of new
genetic tests, a multidisciplinary group, given deemed status for this purpose,
should review genetic tests that are already on the market for evaluation of
clinical efficacy and development of guidelines about their appropriate use.
·
Current regulations under FDA and the Federal Trade
Commission should be enforced in the area of genetic test promotion and
marketing.
SACGT
appreciates the opportunity to provide recommendations to the Secretary on the
critical issue of the adequacy of oversight of genetic tests. The Committees recommendations are based on
a multifaceted consultation with the public and a careful consideration of the
issues. SACGT hopes that its
recommendations will be useful to the Secretary and will enable the development
and implementation of oversight strategies that reflect both the promising
benefits of genetic tests as well as the recognition of their real and
potential risks. If these
recommendations are accepted by the Secretary, SACGT would be pleased to play
an ongoing role in the further development and implementation of a new
oversight strategy for genetic tests.
The
Secretarys Advisory Committee on Genetic Testing (SACGT) was chartered in June
1998 to advise the Department of Health and Human Services (DHHS) on the medical,
scientific, ethical, legal, and social issues raised by the development and use
of genetic tests. The formation of
SACGT was recommended by the National Institutes of Health (NIH)-Department of
Energy (DOE) Task Force on Genetic Testing and the Joint NIH-DOE Committee to
Evaluate the Ethical, Legal, and Social Implications Program of the Human
Genome Project. At SACGT's first
meeting in June 1999, Dr. David Satcher, Assistant Secretary for Health and
Surgeon General, asked the Committee to assess, in consultation with the
public, the adequacy of current oversight of genetic tests and, if warranted,
to recommend options for additional oversight.
Dr.
Satcher provided SACGT with a framework of five central questions around which
to organize the assessment and requested that SACGT report back by March 15,
2000. During the summer and fall of
1999, the Committee gathered background information on genetic testing,
designed five approaches to gather professional and public opinions on
oversight of genetic testing, and prepared a document for soliciting public
comment. The public consultation was
held from December 1, 1999, to January 31, 2000. On February 24-25, 2000, the Committee met to review the public
input received and to develop conclusions and recommendations on the adequacy
of oversight of genetic testing. SACGT
submitted a brief report of its preliminary recommendations to Dr. Satcher on
March 15, 2000. Public comments were
solicited on the preliminary conclusions and recommendations during April and
May 2000. On June 5-7, 2000, SACGT met
to review public comments and finalize conclusions and recommendations on
oversight of genetic tests.
BACKGROUND
A
genetic test is an analysis performed on human DNA, RNA, genes, and/or
chromosomes to detect heritable or acquired genotypes, mutations, phenotypes,
or karyotypes that cause or are likely to cause a specific disease or
condition. A genetic test also is the
analysis of human proteins and certain metabolites, which are predominantly
used to detect heritable or acquired genotypes, mutations, or phenotypes. The purposes of these genetic tests include
predicting risks of disease, screening of newborns, directing clinical
management, identifying carriers, and establishing prenatal or clinical
diagnoses or prognoses in individuals, families, or populations. Tests that are used primarily for other
purposes, but that may contribute to diagnosing a genetic disease (e.g., blood
smear, certain serum chemistries), would not be covered by this
definition. Also excluded from the definition
are tests conducted exclusively for forensic identity purposes.
Genetic tests can be performed for a number of purposes. Moreover, a test can be used in more than one way, such as when a test used for diagnostic purposes is also used to predict risk of disease.
·
Preimplantation diagnosis is used following in vitro fertilization to diagnose a
genetic disease or condition in a preimplantation embryo.
·
Prenatal diagnosis is used to diagnose a
genetic disease or condition in a developing fetus.
·
Newborn screening is performed in newborns in
state public health programs to detect certain genetic diseases for which early
diagnosis and treatment are available.
·
Carrier testing is performed to determine
whether an individual carries one copy of an altered gene for a particular
recessive disease. Recessive diseases
occur only if both copies of a gene that an individual receives have a
disease-associated mutation; thus, each child born to two carriers of a
mutation in the same gene has a 25-percent risk of being affected with the
disorder.
·
Diagnostic/confirmatory
testing is
used to identify or confirm the diagnosis of a disease or condition in an
affected individual. Diagnostic testing
may also be useful to help determine the course of a disease and choice of
treatment.
·
Predictive testing determines the probability
that a healthy individual with or without a family history of a certain disease
might develop that disease. Presymptomatic
testing refers to predictive testing of individuals with a family
history. Historically, the term presymptomatic
testing has been used when testing for diseases or conditions such as
Huntington disease where the likelihood of developing the condition (known as
penetrance) is very high in people with a positive test result.
In
the past, many tests were developed to detect or confirm rare genetic
diseases. More recently, tests have
been developed to detect mutations that may be involved in or contribute to
more common, complex conditions (such as breast, ovarian, and colon cancer and
cardiovascular disease), the effects of which generally do not appear until
later in life. Optimally, these tests
are used to predict a persons predisposition to disease where there is a
family history of the disease, and in general, such tests are not recommended
for individuals without such a history.
However, in the future, predictive testing will most likely be offered
to individuals without a family history of certain diseases and conditions,
e.g., common adult-onset disorders.
The
process of discovering and understanding genetic mutations and their role in
disease is extremely complex and can involve many years of investigation. In addition, because the genome is vast,
discovering a specific disease-related gene has, up to now, been a difficult
and time-consuming process.
Nevertheless, the development and clinical use of genetic tests is
expected to increase rapidly over the next decade, driven in large part by research
funded and conducted by agencies within DHHS, especially NIH, as well as by
work in the private sector. The Human
Genome Project, a major international collaborative effort established and
supported by public groups, including NIH and DOE, is expected to have a major
impact on gene discovery and genetic test development. The results of the Human Genome Project,
along with new technical advances, such as tandem mass spectrometry,
microarrays, and gene chips, will speed the pace of disease gene discovery.
Once
the entire sequence of the human genome has been determined, scientists will
have a critical tool to better understand the contribution of each gene to the
development and function of the human body.
Even then, however, the role played by a specific gene mutation in
disease will not be completely understood because of the effects of confounding
factors such as gene-gene interactions and environmental influences (smoking
and diet, for example). A full understanding
of the role of genetic mutation in the current and future health of individuals
will require more research, ranging from detailed biochemical studies to
population-based studies that focus on clarifying and elucidating the
significance of how genes interact with each other and with the environment.
A rising new area in
medicine is pharmacogenetics, the combination of the fields of genomics and
pharmacology that builds on the work of the Human Genome Project. Much of human variation is due to small
differences in a persons DNA, referred to as single nucleotide polymorphisms
(SNPs). Pharmacogenetics is the
application of genetic science and technology to understand how these genetic
variations influence responses to medicines.
Because individuals may not react in the same way to a given drug,
understanding the correlation between an individuals unique SNPs and his or
her drug response will be of great benefit.
Pharmacogenetic tests will provide information about the safety and
effectiveness of drug therapies that will help health professionals determine
how an individual is likely to respond to a medicine before it is prescribed,
enabling beneficial drugs to be targeted and reducing adverse drug
reactions.
At present, genetic testing
is clinically available for more than 300 diseases or conditions in more than
200 laboratories in the United States, and investigators are exploring the
development of tests for an additional 325 diseases or conditions.[1] A recent survey of genetic testing laboratories
found that over a three-year period, the total number of genetic tests
performed increased by at least 30 percent each year, rising from nearly
100,000 in 1994 to more than 175,000 in 1996.[2]
In
1997, the NIH-DOE Task Force on Genetic Testing charged to review genetic
testing in the United States and to make recommendations to ensure the
development of safe and effective genetic tests concluded that although
genetic testing was developing successfully in the United States, some concerns
about it exist.[3] The Task Force grouped the concerns into
four major categories: 1) the manner in which tests are introduced into
clinical practice; 2) the adequacy and appropriate regulation of laboratory quality assurance; 3) the
degree of understanding of genetics on the part of health care providers,
patients, and the public; and 4) the continued availability and quality of
testing for rare diseases.
A
number of the Task Force recommendations were aimed at enhancing the way in
which tests are developed, reviewed, and used in clinical practice. The Task Force explored the question of how
tests should be assessed and made suggestions about the need for additional
data and external review of genetic tests.
While recommending that revisions to the current review process may be
needed to assess the effectiveness and usefulness of genetic tests, the Task
Force did not specify how the review of laboratory-based genetic tests should
be changed.
DHHS
established SACGT to help the nation prepare for some of the revolutionary
changes in clinical and public health practice resulting from the continued and
increasing use of genetic testing.
SACGT builds on the work of the Task Force by assessing whether current
programs for assuring the accuracy and effectiveness of genetic tests are
satisfactory or whether other measures are needed.
It is critical for the
public to understand that while genetic tests can be extremely beneficial, they
also can pose risks, including medical and psychological risks, risks to
families, and social and economic risks that may affect entire groups as well
as individuals. As the diagnostic and
predictive uses of genetic testing continue to increase, and as the effects of
testing on society become clearer, its impact will become broader and ultimately
will affect all of our lives. Because
the use and ramifications of these tests are not yet fully realized, additional
consideration is needed regarding whether current programs for assuring the
safety and effectiveness of genetic tests are satisfactory or whether
additional oversight measures are needed before such tests are introduced for
wide-scale use.
CHARGE
TO THE COMMITTEE
SACGT
was asked to frame its recommendations around the following five issues:
Issue 1: What
criteria should be used to assess the benefits and risks of genetic tests?
Issue 2: How can the criteria for assessing the
benefits and risks of genetic tests be used to differentiate categories of
tests? What are the categories, and
what kind of mechanism could be used to assign tests to the different
categories?
Issue 3:
What process should be used to collect, evaluate, and disseminate data on
single tests or groups of tests in each category?
Issue 4:
What are the options for oversight of genetic tests and the advantages and
disadvantages of each option?
Issue 5: What is an appropriate
level of oversight for each category of genetic test?
The
level of oversight of genetic tests has significant medical, social, ethical,
legal, economic, and public policy implications. Because the system of oversight can greatly affect those who
undergo genetic testing, those who provide tests in health care practice, and
those who work or invest in the development of such tests SACGT actively
sought public input on the five questions listed above. The Committee concluded that to fully
respond to its charge, it was especially important to reach out to diverse
communities that might have particular concerns about genetic testing and
members of the public who have not yet undergone genetic testing, but who are
likely to face decisions about these tests in the future.
Public Consultation Process
SACGT
employed several mechanisms for gathering public comment and assessing the
status of prior debate about the issues surrounding genetic testing. A Federal
Register notice, a targeted mailing to interested individuals and
organizations, a web-based consultation, and a public meeting provided several
venues in which the public could submit comments.[4] To provide a framework for receiving input
on the five questions in the Committees charge, SACGT developed a document, A Public Consultation on Oversight of
Genetic Tests, which provided
background information about genetic tests, including their current
limitations, their benefits and risks, and provisions for their oversight
currently in place. A summary of the
consultation document was prepared in English and Spanish.
SACGT
received nearly 400 comments from the general public, health professionals,
individuals and families affected with genetic conditions, religious groups,
state health departments, industry, professional organizations, academia, and
patient advocacy organizations. The
comments were analyzed qualitatively with respect to the five specific issues
SACGT was asked to address. (Because the comments were not a representative
sample of the U.S. population, no attempt was made to perform statistical
analysis.)
After
consideration of the public comments, SACGT drafted preliminary conclusions and
recommendations that were presented to Dr. Satcher on March 15, 2000. To solicit another round of public comments,
the preliminary conclusions and recommendations were published in the
Federal Register,[5]
sent to all individuals and groups who commented during the initial public
consultation period, and posted on SACGTs web-site. Nearly 60 sets of comments were received from the general public,
health professionals, families affected with genetic conditions, religious
groups, state health departments, industry, professional organizations,
academia, and patient advocacy organizations.[6] SACGT was enormously impressed with the
effort people made to participate in the public consultation and comment
periods and believes that its recommendations are strengthened and enriched by
the views, opinions, and perspectives the public has shared.
As
part of its effort to gather broad-based perspectives on the oversight of
genetic testing, SACGT also conducted a literature review and analysis of more
than 70 published scholarly articles on genetic testing. Most of the articles were published within
the last five years and were written by professionals in the fields of law,
science, and bioethics.
Genetic
tests currently have certain limitations that are relevant to the issue of
oversight.[7] One important limitation is that a test may
not detect every mutation a gene may have.
(A single gene can have many different mutations, and they can occur
anywhere along the gene.) Moreover, not
all mutations have the same effects.
For example, more than 800 different mutations of the cystic fibrosis
gene have been identified, some of which cause varying degrees of disease
severity and some of which appear to cause no symptoms at all. This means that a positive test for a
specific cystic fibrosis mutation does not provide a clear picture of how the
disease is likely to affect an individual.
A negative test result cannot completely rule out the disease because
the test will usually focus only on the more common mutations and will not
detect rare ones. In addition, the
frequency of common cystic fibrosis mutations varies among population groups.
Complexity of Human Disease
Another
current limitation of genetic tests, especially if used for predictive
purposes, relates to the complexities of how diseases develop. Diseases and conditions can be caused by the
interaction of many genetic and environmental factors. Thus, predictive tests usually cannot
provide absolute answers regarding who will develop a disease such as breast or
colon cancer. Predictive tests can
often only provide a probability that an individual may or may not develop a
disease. This probability may vary in
different families and populations due to multiple genetic and environmental
factors. Furthermore, because of
varying genetic and environmental factors, even the same mutation may present
different risks to different people and to different populations. The same mutation in the cystic fibrosis gene
in individuals from different populations may have different clinical effects
as a result of variations in other genetic and environmental factors.
Another
important consideration related to the limitations of genetic testing is that
effective treatments are not available for many diseases and conditions now
being diagnosed or predicted through genetic testing, and, in some instances,
they may not be available for some time a situation sometimes called the therapeutic
gap. However, while knowledge that
a disease or condition will or could develop may not provide any direct
clinical benefit, it may lead to increased monitoring that could help manage
the disease or condition more effectively.
At the same time, information about risk of future disease can have
significant emotional and psychological effects, and, in the absence of privacy
and anti-discrimination protections, that information can also lead to
discrimination or other forms of misuse of personal genetic information.
The Changing Nature of
Genetic Information
Understanding
the benefits and risks of a genetic test to individuals or particular
populations, which may change over time as more information is gathered, is
critical in determining its
appropriate
use in clinical and public health practice.
As further research is conducted and knowledge gained, the validity and
utility of test results may increase or decrease.
Potential Benefits of
Genetic Tests
Individuals
with a family history of a disease live with uncertainties about their own
lives as well as their childrens futures that may be relieved by having a
genetic test. For example, if the test
result is positive, it can provide an opportunity for psychological counseling
and for the introduction of risk-reducing interventions, such as regular
screening practices and healthier lifestyles.
Early interventions (such as annual colonoscopies to check for
precancerous polyps, the earliest signs of colon cancer) could help prevent
deaths from colon cancer. If the test
result is negative (the mutation is not present), in addition to feeling
tremendous relief, individuals may also no longer need frequent checkups and
screening tests, some of which may be uncomfortable and/or expensive.
Genetic
tests can sometimes provide important information about the course a disease
may take. For example, certain cystic fibrosis mutations are predictive of a
mild form of the disease. Other gene
mutations may identify cancers that are likely to grow aggressively.
Genetic
tests also can provide information to improve treatment strategies. Because genetic factors may affect how
individuals respond to drugs, the knowledge that an individual carries a
particular genetic alteration can help health care providers tailor
therapy. For example, individuals with
Alzheimer disease who have two copies of a certain gene do not respond to a
drug used in some Alzheimers patients.[8] In individuals with the disease who do not
have both copies of that gene, however, the drug seems to slow progression of
the disease.
However,
at the same time that genetic tests offer great potential benefits, they can
also pose risks, including potential physical, medical, psychological, and social
and economic risks to individuals being tested and to members of their
families. For the most part, the
physical risks of genetic testing are minimal, because most genetic tests are
performed on blood samples or cells obtained by swabbing the lining of the
cheek. However, the procedures required
to carry out prenatal genetic testing are associated with risks. Amniocentesis, for example, can cause
miscarriage in 1 in 200 to 400 cases.
The
medical risks of genetic testing relate to actions taken in response to the
results of a genetic test. Positive
test results can have an impact on a persons reproductive and other life
choices. For example, individuals with positive test results may choose not to
have children or may opt to take extraordinary preventive measures, such as
surgical removal of the breasts to prevent the possible development of
cancer. Individuals with negative test
results may forgo screening or preventive care because they mistakenly believe
they are no longer at risk for developing a given disease. Substantial risks are posed by incorrect
test results or the misinterpretation of results. False negative test results
can mean delays in diagnosis and treatment, while false positive results can
lead to follow-up testing and therapeutic interventions that are unnecessary,
inappropriate, and sometimes irreversible.
Genetic
test results have potential psychological and emotional risks. Predictive testing of healthy individuals
may have significant psychological and social impacts. For example, the knowledge about disease
risk may prove burdensome because of uncertainty about how to manage risk when
data about the efficacy of preventive measures are constantly changing, as
occurs during controversies about dietary interventions or the use of hormone
replacement therapy in preventing heart disease.
The
emotional impact of positive test results can be significant and can cause
persistent worry, confusion, anger, depression, and even despair. Individuals who have relatives with a
disorder may have developed a frightening picture of what their own future may
hold. Negative test results also can
have significant emotional effects.
While most people will feel greatly relieved by a negative result, they
may also feel guilty for escaping a disease that others in the family have
developed (known as survival guilt).
A negative test result also may provide a false sense of security,
because an individual may not understand that even with a negative test result,
he or she still bears the same risk of disease as the general population.
Because
genetic test results reveal information about the individual and the
individuals family, test results can shift family dynamics in pronounced
ways. For example, if during newborn
screening a child tests positive for sickle cell trait (having one copy of the
sickle cell gene), it implies that one of the parents is a carrier. It is also possible for genetic tests to
inadvertently disclose information about a childs parentage.
Genetic
test results can pose risks for groups if they lead to stigmatization of that
group and discrimination against its members.
Concerns about the potential risks of discrimination and stigmatization
based on information gained from genetic testing are particularly acute among
groups that have experienced discrimination of any sort.
It
is important to point out that the potential risks described above relate to
genetic testing for conditions that are solely health-related. In the future, it may be possible to develop
tests that could be used to diagnose conditions that are related to certain
predispositions that also have a behavioral component such as alcohol abuse,
nicotine addiction, or eating disorders or that could be used to predict
future behavior. Although the assumption
that single genes, or even many genes, can predict complex human actions is
simplistic, the possibility of such tests raises profound concerns because
their potential psychological, social and economic harms are so significant and
the potential misuse of such information is so great. Because of these complexities, SACGT focused its discussions on
the use of genetic tests to determine health-related information about
individuals and/or families.
As
part of its charge, SACGT reviewed the provisions for oversight of genetic
tests already in place. Currently,
government agencies accord genetic and nongenetic tests the same level of
oversight. Genetic tests are regulated
at the federal level through three mechanisms:
1) the Clinical Laboratory
Improvement Amendments (CLIA) ( 42 CFR 493);
2) the Federal Food, Drug, and
Cosmetic Act (21 USC 301 et seq.); and
3) during investigational
phases, the Federal Policy for the Protection of Human Subjects (45 CFR 46, 21
CFR 50, and 21 CFR 56).
Four
DHHS organizations have roles in the oversight of genetic tests: the Centers for Disease Control and
Prevention (CDC), the Food and Drug Administration (FDA), the Health Care Financing
Administration (HCFA), and the Office for Human Research Protection
(OHRP). Although they do not have
regulatory functions, NIH, the Health Resources and Services Administration
(HRSA), and the Agency for Healthcare Research and Quality (AHRQ) support
research activities and demonstration projects that generate knowledge about
and experience with genetics and genetic testing. In addition, some states regulate genetic tests, and some
professional organizations have issued relevant guidelines for professional
practice.
All
laboratory tests performed for the purpose of providing information about the
health of an individual must be conducted in laboratories certified under
CLIA. The regulatory requirements
applied to these laboratories increase in stringency with the complexity of the
tests performed. Under CLIA, HCFAs Division of Laboratories and Acute Care
Services, in partnership with CDCs Division of Laboratory Systems, develops
standards for laboratory certification. In addition, CDC conducts studies and
convenes conferences to help determine when changes in regulatory requirements
are needed. The advice of the Clinical
Laboratory Improvement Advisory Committee may also be sought regarding these
matters.
The
CLIA program provides oversight of laboratories through on-site inspections
conducted every two years by HCFA, using its own scientific surveyors or
surveyors of deemed organizations or state-operated CLIA programs approved for
this purpose. This oversight includes a
comprehensive evaluation of the laboratorys operating environment, personnel,
proficiency testing, quality control, and quality assurance. The laboratory director plays a critical
role in assuring the safe and appropriate use of laboratory tests. The laboratory director must meet the
required CLIA qualifications for laboratory director and must ensure that the
test methodologies selected are capable of providing the quality of results
required for patient care. Laboratory directors are required to take specific
actions to establish a comprehensive quality assurance program, as outlined by
CLIA, that ensures that the continued performance of all steps in the testing
process is accurate. Although laboratories under CLIA are responsible for
all aspects of the testing process (from specimen collection through analysis
and reporting of the results), CLIA
oversight has emphasized intra-laboratory processes as opposed to the clinical
uses of test results. HCFA and CDC are
taking steps to develop more specific laboratory requirements for genetic
testing under CLIA, including provisions for the pre- and post-analytical
phases of the testing process, and CDC issued a Notice of Intent in the Federal
Register to gather public comment on the proposed changes.[9] Currently,
according to HCFA, CLIA does not address additional aspects of oversight that
are critical to the appropriate use of genetic tests, such as clinical
validity including clinical sensitivity and clinical specificity, clinical
utility (discussed in more detail on page 16), and issues related to
informed consent and genetic counseling.
Through
its Office of Genetics and Disease Prevention, CDC also has a role in
addressing the public health impact of advances in genetic research; furthering
the collection, analysis, dissemination, and use of peer-reviewed epidemiologic
information on human genes; and coordinating the translation of genetic
information into public health research, policy, and practice. CDC is also leading an interagency effort to
explore how voluntary, public/private partnerships might help encourage and
facilitate the gathering, review, and dissemination of data on the clinical
validity of genetic tests. Two pilot
data collection efforts, one for cystic fibrosis and one for hereditary
hemochromatosis, are in the preliminary stages.
All
laboratory tests and their components are subject to FDA oversight under the
Federal Food, Drug, and Cosmetic Act.
Under this law, laboratory tests are considered to be diagnostic
devices, and tests that are packaged and sold as kits to multiple laboratories
require pre-market approval or clearance by FDA. This pre-market review involves an analysis of the devices
accuracy as well as its analytical sensitivity and analytical
specificity (discussed on page 15).
Pre-market review is performed based on data submitted by sponsors to
scientific reviewers in the Division of Clinical Laboratory Devices in FDAs
Office of Device Evaluation. In
addition, for devices for which the link between clinical performance and
analytical performance has not been well established, FDA requires that
additional analyses be conducted to determine the tests clinical
characteristics, that is, its clinical sensitivity and clinical
specificity. In some cases, FDA
requires that the predictive value (discussed in more detail on page 17)
of the test be analyzed for positive and negative results.
Most
new genetic tests are being developed by laboratories and are being provided as
clinical laboratory services. These
tests are referred to as in-house tests or home brews. FDA has stated that it has authority, by
law, to regulate such tests, but the agency has elected as a matter of
enforcement discretion to not exercise that authority, in part because the
number of such tests is estimated to exceed the agencys current review
capacity.
However,
FDA has taken steps to establish a measure of regulation of home brew tests by
instituting controls over the active ingredients (analyte-specific reagents)
used by laboratories to perform genetic tests.
This regulation subjects reagent manufacturers to certain general
controls, such as good manufacturing practices.
With
few exceptions, however, the current regulatory process does not require a
pre-market review of the reagents. (The
exceptions involve certain reagents that are used to ensure the safety of the
blood supply and to test for high-risk public health problems such as HIV and
tuberculosis.) The regulation restricts
the sale of reagents to laboratories performing high-complexity tests and
requires that certain information accompany both the reagents and the test
results. The labels for the reagents
must, among other things, state that analytical and performance
characteristics are not established.
Also, the test results must identify the laboratory that developed the
test and its performance characteristics and must include a statement that the
test has not been cleared or approved by the U.S. FDA. In addition, the regulation prohibits direct
marketing of most home brew tests to consumers. In 1999, FDA established the Molecular and Clinical Genetics
Panel of the Medical Devices Advisory Committee to serve as a source of
independent advice in the area of DNA-based diagnostics.
Additional
oversight is provided during the research phase of genetic testing if the
research involves human subjects or identifiable samples of their DNA. OHRP and FDA administer regulations
governing the protection of human research subjects. OHRP oversees the protection of human research subjects in
DHHS-funded research. FDA oversees the protection of human research subjects in
trials of investigational (not yet approved) devices, drugs, or biologics being
developed for eventual commercial use.
Fundamental
requirements of these regulations are that experimental protocols involving
human subjects must be reviewed by an organizations Institutional Review Board
(IRB) to assure the safety of the subjects, to review and approve the informed
consent process, and to evaluate whether risks outweigh potential
benefits. The regulations apply if the
trial is funded in whole or in part by a DHHS agency or if the trial is
conducted with the intent to develop a test for commercial use. However, FDA regulations do not apply to
laboratories developing home brew genetic tests, because at present FDA has
elected not to exercise its enforcement authority. CLIA requirements apply to DHHS-funded research only if the
results of the genetic test are used for patient care, meaning that results are
provided to a subject, to the subjects family, or to the subjects health care
provider. OHRP regulations would apply
if the laboratory was funded by DHHS or was conducting research at an institution
that receives DHHS funding.
The
mission of NIH is to support and conduct medical research to improve
health. This research encompasses
basic, clinical, behavioral, population-based, and health services research. In addition to funding a substantial amount
of genetics research, including the Human Genome Project, and assuring that the
research is conducted in accordance with human subjects regulations and other
pertinent guidelines, NIH supports a number of other programs that have an
important role in disseminating knowledge and technology to the public and
private sectors. NIH also produces
consensus statements and technology assessment reports on issues important to
health care providers, patients, and the general public. Topics related to genetic testing have
included the development and assessment of newborn screening for sickle cell
disease, genetic testing for cystic fibrosis, and screening for and management
of phenylketonuria (PKU).
The Role of AHRQ
As the
lead federal agency in health care quality, AHRQ is expected to play a greater
role in promoting research on optimal methods of organizing, delivering, and
financing genetic services and measuring the impact of these factors on the
quality of patient care. AHRQ now plays
an important role in making better health-related information available to
health plans, purchasers of health care, clinicians, and patients, and in
developing methods for facilitating shared patient-physician
decision-making. In particular, the
agency has developed an instrument (Consumer Assessment of Health Plans, or
CAHPS) that allows consumers to assess their current health plan and a website
that catalogues clinical practice guidelines.
The Technology Assessment Program of the agency has a role in rigorously
evaluating the beneficial and adverse outcomes associated with health care
interventions (both diagnostic and therapeutic) in order to inform consumers,
health professionals, and payers. AHRQ
also supports the U.S. Preventive Services Task Force, which rigorously reviews
evidence for the effectiveness of more than 100 interventions to prevent
illnesses and conditions, including screening tests for genetically determined
conditions such as PKU and Down Syndrome, and recommends which of these
interventions clinicians should provide to their patients.
The
mission of HRSA is to assure access to health care, including genetic services,
for those who are medically underserved.
Access is attained through a broad range of programs including those
that support community health centers, maternal and child programs, health
professional training programs, and state public health agency infrastructure
(Maternal and Child Health Block Grants).
The Genetic Services Program of HRSA promotes support and leadership for
assurance, assessment and policy development for utilization of genetic
medicine and technology within health care and public health practice. In this role, HRSA has supported the
development and quality assurance of screening tests for PKU, congenital
hypothyroidism, and sickle cell anemia and has supported the development of
ways in which to manage these conditions within the health care setting and
within newborn screening programs. In
addition, HRSA has provided funding to assist public health systems develop
genetic medicine and technology and demonstration projects related to the
translation of genetic technology into practice. With a special focus on
underserved populations, these programs have evaluated how genetic tests are
used in practice and have identified barriers to access and use.
State
health agencies, particularly state public health laboratories, have an
oversight role in genetic testing, including the licensure of personnel and
facilities that perform genetic tests.
State public health laboratories and state-operated laboratory licensure
programs, which have been deemed equivalent to the federal CLIA program, are
responsible for quality assurance activities. A few states, such as New York
and California, have promulgated regulations that go beyond the requirements of
CLIA. States also administer newborn screening programs and provide other
genetic services through maternal and child health programs.
The
state newborn screening laboratories must meet the requirements of CLIAs
quality control and proficiency testing programs, but in general there is
little federal oversight of their programs. State newborn screening
laboratories and many commercial laboratories that perform testing for state
newborn screening programs have used the National Newborn Screening Quality
Assurance Program for verifying test accuracy and for meeting CLIA quality
assurance requirements. This is particularly
important because of the absence of HCFA-approved proficiency testing programs
for newborn screening.
Recognized
professional organizations, some of which serve as agents for the government in
accreditation activities, provide oversight in voluntary partnership with HCFA
and CDC. These groups also develop
laboratory and clinical guidelines and standards. A number of organizations are involved in helping to assure the
quality of laboratory practices and in developing clinical practice guidelines
to ensure the appropriate use of genetic tests. These organizations include the following:
·
the
College of American Pathologists (CAP), which develops standards for its
membership and establishes and operates proficiency testing programs;
·
the
NCCLS (formerly called the National Committee on Clinical Laboratory
Standards), which develops consensus standards for test methodologies;
·
the
American College of Medical Genetics (ACMG), which develops guidelines for the
use of particular tests and test methodologies and works with CAP to provide
proficiency tests for certain genetic tests; and
·
COLA,
a nonprofit, physician-directed, national accrediting organization whose
purpose is to promote excellence in medicine and patient care through programs
of voluntary education, achievement, and accreditation.
Other
organizations, such as the American Academy of Pediatrics, the American College
of Obstetrics and Gynecology, the American Society of Human Genetics, and the
National Society of Genetic Counselors, are also involved in the development of
guidelines and recommendations regarding the appropriate use of genetic
tests. Patient advocacy groups, as well
as individuals and families affected with genetic conditions, also play an
important role in setting standards and in developing guidelines through
advocacy and monitoring of health care practices.
SACGT
was asked to assess whether current programs for assuring the accuracy and effectiveness
of genetic tests are satisfactory or whether other measures are needed. This assessment requires consideration of
the potential benefits and risks (including social, economic, psychological,
and medical harms) to individuals, families, and society, and, if necessary,
the development of a method to categorize genetic tests according to these
benefits and risks. Considering the benefits and risks of each genetic test is
critical in determining its appropriate use in clinical and public health practice.
Genetic
tests offer great promise and provide hope for many people who wish to improve
the health of their families and themselves.
At the same time, if introduced prematurely or applied inappropriately,
the outcomes of genetic testing could place some individuals and groups at
risk. Thus, an important balance must be struck between the need to encourage
the development and dissemination of new tests and the need to ensure that
their introduction yields more benefit than harm.
As
described in the section on benefits and risks of genetic tests, SACGT is aware
of the risks of genetic tests and the unique ability of these risks to extend
beyond the individual being tested to the family and population. Although many citizens believe that the
risks and potential benefits of genetic tests are no different than those posed
by any other type of medical test, there is a widespread perception that these
tests are different and that people
experience genetic testing in a way that is dissimilar to the experience of
other forms of medical testing. In
light of public concerns as well as the potential revolutionary and widespread
impact of genetic tests and other genetic technologies on the practice of
medicine and health care, society should be assured that genetic tests meet the
highest standards available and that information obtained through genetic
testing is protected from abuse.
Comments
received from the public by SACGT highlighted lingering and persistent concerns
regarding the risks of inappropriate disclosure of genetic information about
individuals and the potential that such disclosure would result in stigma and
discrimination. One individual wrote
that the public will not be able to utilize fully the promise of genetic
testing without assurances of the privacy of test results and safeguards
against discrimination in health care and employment.
There
were also several comments emphasizing the importance of genetic counseling and
education as integral parts of the genetic testing process. Similarly, some suggested that genetic tests
should not be performed unless informed consent is obtained. However, others commented that genetic
counseling/education and informed consent may not be necessary for all tests
and that the need for counseling and education, as well as informed consent,
should be determined by the type of genetic test being administered and the
level of risk posed by the information gained from the test. In general, the public expressed overall
support for the provision of genetic counseling and education services to those
being tested and for obtaining informed consent for certain types of genetic
tests.
Current
oversight does not specifically address whether genetic education and qualified
counseling should be made available for all genetic tests. Genetic test results may be difficult to
interpret and present in an understandable manner, raise important questions
related to disclosure of test results to family members, and sometimes involve difficult
treatment decisions. Because of these
intricate issues, some have suggested that those who offer genetic tests should
be encouraged or required to make genetic education or counseling available to
those considering genetic testing and their family members.
Even
after a test has been accepted into clinical practice, some observers have
suggested that because of the predictive power of some genetic tests and the
impact that test results may have on individuals and their families, tests
should not be administered unless the individual has been fully informed of the
tests risks and benefits and documentation of written informed consent has
been obtained. There is currently no
requirement for such an informed consent.
Based
on these and other concerns, SACGT arrived at several overarching principles
that address public concerns and relate to the establishment of enhanced
oversight.
·
One of the main goals of genetic testing is to improve the health and
well-being of individuals and families.
The achievement of this goal depends upon the rapid and broad
availability of genetic tests as well as their appropriate use. No test should be introduced in the market
before it is established that it can be used to diagnose and/or predict a
health-related condition in an appropriate way. Thus, the public is best served by ensuring both the adequate
oversight of genetic tests and the continued development of genetic tests.
·
Individual and family
members considering genetic testing should have access to appropriate genetic
education and counseling resources to ensure their ability to make an informed
decision about being tested. Genetic
education and counseling are required for any test warranting high scrutiny (the
meaning of high scrutiny is explained
under Issue 2 on pages 21-22).
Because genetic education and counseling are essential features of many
genetic tests, organizations that pay for such tests should also pay for the
necessary education and counseling services.
Because the need for such services is likely to increase, concerns have
been raised about the insufficient supply of health professionals trained in
genetics, and the need for greater efforts to train health professionals in
this field.
·
Since genetic education and counseling are critical to the appropriate
use, interpretation, and understanding of genetic test results, efforts to
ensure the education of the public as well as health providers about genetics
are necessary.
·
Documentation of informed
consent must be obtained for tests requiring high scrutiny. The extent to which written informed consent
should be obtained for all other genetic tests requires further deliberation.
·
Federal legislation is needed to prohibit discrimination in employment
and health insurance based on genetic information. Federal legislation is also needed to protect the privacy of
genetic information as well as other medical information in medical
records. Without these protections, the
public will be reluctant to undergo genetic tests that might be beneficial to
its health and well-being.
·
The public, through involvement of advocacy groups, organizations, and
individuals, needs to be involved in the ongoing consideration of issues
surrounding genetic testing. This will
be particularly important in addressing the concerns of minority populations
and diverse communities regarding the purposes and uses of genetic testing.
In
addition to developing these basic principles, SACGT considered each of the
five questions in its charge separately, recognizing that there is overlap in
the issues raised under each question. The Committees conclusions and
recommendations are based on its analysis of the public input received, the
literature reviewed, and discussions held on these issues at four public
meetings.
Issue 1. What
criteria should be used to assess the benefits and risks of genetic tests?
·
Analytical validity,
clinical validity, clinical utility, and social consequences should be the
major criteria used to assess the benefits and risks of genetic tests.
SACGT
identified four criteria analytical validity,[10]
clinical validity,[11]
clinical utility,[12]
and social consequences that can be used to assess the benefits
and risks of a genetic test. The
importance of these criteria was confirmed in the public comment process. Assessing the potential benefits and risks
of a genetic test is a process that occurs in stages. Before a test is used in clinical or public health practice, a
determination must be made regarding the tests effectiveness in the
laboratory that is, whether a test is analytically valid. The degree of complexity of the test is a
particularly important factor in assessing analytical validity.
Analytical Validity
Analytical validity
is an indicator of how well a test measures the property or characteristic it
is intended to measure. In a DNA-based
test, an analytically valid test would be positive when the particular gene
mutation is present (analytical
sensitivity) and negative when the gene mutation is absent (analytical specificity). A key measure of a test's analytical
validity is its accuracy, or the probability that the measured value will be
within a predefined range. Another
measure of analytical validity is reliability, or the probability of repeatedly
getting the same test result. During the process of validating a new genetic
test, how well it performs will be compared to how well the best existing
method or gold standard performs.
Sometimes, if a gold standard does not exist for a new genetic test, the
test's performance must be based on how well it performs in samples from
individuals known to have the disease.
Clinical
Validity and Clinical Utility
While
the analytical validity of a test must be determined, it is not a sufficient
criterion for assessing the potential benefits and risks of a test. Members of the public noted that the
availability of treatment options or the opportunity for prevention or
amelioration of disease through lifestyle change are key requirements in
assessing benefits and that in the absence of such interventions, benefits
diminish. It is important to remember,
however, that for some individuals, knowledge of a conditioneven without
options for prevention or treatmentcan be of value. The possibility that a
genetic test can resolve uncertainty is an important benefit for some
individuals. Conversely, some
individuals find value in not knowing
the results of a test for a condition for which no intervention is
available.
Once
the analytical validity of a test is established, the second step in assessing
the benefits and risks of a genetic test is to evaluate how well it performs in
the clinical environment. This involves
evaluating a tests clinical validity and clinical utility. Clinical validity refers to the accuracy of
the test in diagnosing or predicting risk for a health condition and is
measured by the sensitivity, specificity, and predictive value of the test for
a given health condition. Clinical
utility involves identifying the outcomes associated with positive and negative
test results. Because the clinical validity and clinical utility of a genetic
test may vary depending upon the health condition and the population to be
tested, these criteria must be assessed on an individual basis for each test.
Thus,
in considering a system for assessing benefits and risks, it is crucial to
recognize that only individuals can weigh the balance between negatives and
positives once a test is deemed safe and efficacious and that not everyone will
make the same choice. Participants at
the public meeting stated that one of the major benefits of genetic testing is
that it enables patients to make informed medical decisions and life
choices. One participant summed up this
view by noting that Individuals expect a high level of accuracy and to be able
to use the genetic information obtained to make medical or personal decisions.
The
complexity of the interpretation of a test result is a critical determinant of
risk, and the contribution of other genetic factors as well as environmental
factors to disease development can complicate this interpretation. The more complex the interpretation, the
greater the possibility that the clinical utility may not be
well-understood. For example, a test
might be clinically valid and useful in one population, but not in
another. Or, a test might be
appropriate for use in adults, but not in newborns. In addition,
genotype/phenotype correlations vary within a given disease category, even for
single gene disorders.
An
important distinction in considering the risks and potential benefits of a test
is that between the technical aspects of a given test that is, its clinical
validity and utility versus how it is interpreted by health care providers and
the individuals undergoing testing. A
clinically valid test in the hands of a poorly trained health care provider can
pose as much risk as a less valid or accurate test that is correctly
interpreted. A clinically valid test
administered to individuals without involving them in an informed decision-making
process can also pose considerable risk to that individual or family. Thus, one way to minimize harms is to ensure
that tests are administered by qualified professionals and that appropriate
education and genetic counseling are provided.
Individuals
submitting comments to SACGT frequently mentioned the need for health care
providers to demonstrate competence in understanding the information and its
implications, and a number of individuals suggested that availability of and
access to genetic counseling would reduce the publics concerns about genetic
testing. One commenter noted that the
issues of benefits and risks are the reason that genetic counseling and
evaluation is so necessary for genetic testing. In addition, one private laboratory that offers genetic testing
services stated that many of the questions we receive from client health care
providers and patients relate to the translation and interpretation of genetic
information in our medical reports. In
fact, commenters often mentioned that inadequate public understanding and
physician education are causes of the confusion and risks associated with
genetic testing. One commenter urged
more emphasis . . . on improving the education and influencing the attitudes
of health professionals regarding genetic matters. Participants in the public meeting also emphasized the importance
of education in minimizing the potential harms of genetic testing and in
maximizing its potential benefits to diverse communities.
A
tests clinical validity is influenced by a number of factors, including the
purpose of the test, the prevalence of the disease or condition for
which the test is being conducted, and the adequacy of the information
available to determine clinical validity.[13] Genetic tests have a number of purposes, and
some are used for more than one purpose.
The acceptable level of the predictive value of a genetic test may vary
depending upon the purpose for which the test is used (for example, for
diagnosing a condition in a person with symptoms or for predicting a future
health risk in an otherwise asymptomatic individual).[14] In addition, a higher predictive value may
be required of a test for which no other confirmatory test or clinical measure
is available.
Clinical
validity, particularly predictive value, is influenced by the prevalence of the
condition in the population. Assessing
clinical validity may be particularly challenging in the case of tests for rare
diseases. This is because gathering
statistically significant data may be difficult, as relatively few people have
these diseases. Thus, prevalence may be
a factor in determining how much data on test performance should be available
before a test is offered in patient care.
For
many genetic tests, particularly those that are predictive or presymptomatic,
knowledge of the tests clinical validity may be incomplete for many years
after the test is developed. When
information that may affect clinical validity is incomplete, the potential
harms of the test may increase and must be considered more carefully.
Clinical
utility takes into account the impact and usefulness of the test results to the
individual, the family, and society.
The benefits and risks to be considered include the psychological,
social, and economic consequences of testing as well as the implications for
health outcomes. Decisions about the
use of a genetic test should be based upon a consideration of the risks of any
follow-up tests required to confirm an initial positive test, the efficacy of
available treatments, the degree of certainty with which a diagnosis can be
made, and the potential for adverse psychological and social and economic
effects versus beneficial treatment if a diagnosis is made. Factors affecting clinical utility include
1) the purpose of the test; 2) the quality of evidence for assessing outcomes;
3) the potential benefits and risks of test results; 4) the nature of the
health condition and its potential outcomes; 5) uncertainties of genetic test
results; and 6) the provision of information concerning other family members.
As
in assessing clinical validity, the purpose of the test is an important factor
in assessing clinical utility.
Different risks and uncertainties are associated with genetic tests that
are used to predict a future disease or condition than with those that are used
for diagnostic purposes. For example,
the use of a genetic test for a specific mutation to aid in the diagnosis of
Duchenne muscular dystrophy in a person who has symptoms has different
implications than the use of a test to determine whether a woman with no
symptoms has a risk for breast and ovarian cancer because she has a BRCA1 or BRCA2
mutation that might alter her risks.
Tests used for diagnostic purposes will most likely be conducted as part
of a clinical evaluation to diagnose a specific disease, or they will be used
for diseases or conditions that are clearly inherited.
The use of a genetic test in population screening may raise greater concern than the use of the same test in an individual seeking information about his or her health. In population screening, a large number of healthy people may receive unexpected test results that may or may not provide definitive information. Decisions about whether to use genetic tests for screening should take into account the prevalence of the condition, because the higher the prevalence of the genetic condition, the greater the number of people who may receive unnecessary treatment or false reassurance if the test produces false positive or false negative results. On the other hand, if treatment options are available, screening for highly prevalent conditions may have significant public health value.
The
quality of evidence for assessing outcomes of genetic test results is a factor
to consider in determining the clinical utility of a genetic test. Often, the evidence needed to assess
clinical utility is limited or lacking.
Established methods for evaluating the quality of the evidence should be
used to assess outcomes. (Issues
pertaining to data collection and analysis are addressed more fully in Issue
#3, below.)
A
number of potential benefits and risks of genetic testing can be associated
with positive or negative test results.
For example, potential benefits of a positive test result include the
possibility that it may provide knowledge of diagnosis or risk status, it could
allow preventive steps or treatment interventions to be taken, or it may
identify information about risk status in other family members (also a
potential harm). The potential benefits
of a negative test result include ruling out a specific genetic diagnosis or
risk and/or eliminating the need for unnecessary screening or treatment.
The
potential risks of a positive test result include exposure of individuals to unproven
treatments; potential for social, psychological, and economic harms, including
altered self-image, impact on family relationships, stigmatization, and
potential exclusion from health insurance and employment; and identification of
risk status in other family members (also a potential benefit). For false
positive test results, individuals may be exposed to unnecessary screening or
treatment. A negative test result could give false reassurance regarding risk
due to nongenetic causes or induce psychological effects such as survivor
guilt. False negative test results may
delay diagnosis, screening, and treatment.
In determining the relative risks and benefits of a given test, these outcomes also must be considered in light of the nature (severity, degree of associated disability, or potentially stigmatizing characteristics) of the disorder being tested for, which is an important factor in assessing clinical utility. For example, a genetic test for periodontal disease may raise less concern than a test for genetic susceptibility to cancer, and genetic tests developed for conditions such as alcoholism or mental illness might cause even greater concern because of possible misuse of such information. Health outcomes, as measured by such indicators as morbidity and mortality, are important in assessing clinical utility of genetic testing, and they can be affected by both the nature of the health condition as well as the availability, nature, and efficacy of treatment. The greater the uncertainty about the health outcomes associated with a test result, the greater the potential harms of the test. This is an important consideration in genetic testing for common health problems such as cancer and cardiovascular disease, since health outcomes typically are the result of the combined effects of genetic, environmental, and behavioral risk factors.
Uncertainties of Genetic Test Results
Genetic
tests used to predict a specific disease or condition in otherwise healthy
persons are associated with greater uncertainties and risks than are those used
to diagnose a disease or condition.
Currently, tests used for predictive purposes will provide an estimate
of a persons risk of developing a particular disease or condition. However, the risk assessment may be
inaccurate because of other genetic and environmental factors that have not
been accounted for or are not yet known.
Even so, predictive genetic tests may have profound effects on the lives
of otherwise healthy individuals.
False
negative results are more common in the early stages of the development of
diagnostic tests, including genetic tests.
Genetic tests in early development may identify only a portion of
mutations associated with a given health outcome. The role of other genetic and environmental factors is still
unknown for many conditions and will also affect the certainty of genetic test
results.
Because
genetic information may have implications for relatives of the individual being
tested, the potential of the test to reveal information about family members or
to alter interfamilial relationships are additional factors to be considered in
assessing a tests clinical utility.
For example, DNA-based tests for cystic fibrosis, sickle cell anemia, or
other conditions will identify carriers for the condition as well as those who
are affected. If an individual tests
positive for Huntingtons disease, first-degree relatives are then known to
have a 50 percent chance of carrying the same mutation. Some of these relatives may not wish to
discover their risk, while others may wish to use the test results of their
relatives to make a decision about their own genetic testing.
Social
consequences may heighten the risks of certain tests, even if they are accurate
and clinically meaningful. Tests for
certain health conditions may carry special risks because of the social
implications of the health condition, for example, conditions associated with
mental illness or dementia. Thus, some
dimensions of genetic testing may affect society as a whole and certain social
groups as well as individuals, and this requires that special consideration be
given to the potential for further stigmatization and discrimination of members
of vulnerable or at-risk groups.
Genetic
test results can change how people are viewed by their family, friends, and
society as well as how people view themselves.
People diagnosed with or at risk for genetic diseases or conditions may
be affected by the way others begin to see and interact with them. Having or being at risk for a disease or
condition that is viewed by society in a negative light can result in
stigmatization and emotional and psychological harms. In addition to changes in
how they are seen by others, social influences can affect self-perception and
can have a profound impact on life decisions.
Diagnostic
or predictive genetic information about an individual could lead to
discrimination in health insurance, life insurance, education, and employment,
a fear expressed repeatedly in public comments to SACGT. The fear of discrimination may be
particularly acute for people with or at risk for diseases or conditions that
are chronic and severely disabling and that lack effective or affordable
treatments. Educational opportunities
may be restricted, further limiting life possibilities. Fears of genetic discrimination have made
the establishment of federal privacy and anti-discrimination protections a high
priority for many. In addition to
concern about discrimination, there may be downstream effects of a
transformation in medicine to a focus on predicting future disease risks that
are not yet fully understood.
Testing programs carried out in association with the American eugenics movement and the sickle cell screening programs in the 1970s provide important examples of the significant social consequences genetic tests can have. Programs, even clinically appropriate ones, targeted to specific groups can lead to discrimination or stigmatization of the whole group. Therefore, tests developed for use in certain specific population groups may carry higher risks.
In
addition, because social categories used to classify ethnocultural differences often
do not accurately reflect actual genetic variation within a population, care
should be taken to ensure accurate interpretation of genetic test results by
obtaining, to the extent possible, accurate knowledge regarding the
ethnocultural and/or genetic background of the individuals being tested. A
further note of caution is also necessary.
In developing genetic tests, it will be important to ensure that they
are accurate when used in different populations, even though doing so may
inadvertently reinforce the erroneous assumption that there is a
straightforward, one-to-one relationship between ones genes and ones
ethnocultural identity, possible resulting in stigmatization. Even accurate tests can reinforce misguided
cultural notions.
Issue 2: How
can the criteria for assessing the benefits and risks of genetic tests be used
to differentiate categories of tests?
What are the categories, and what kind of mechanism could be used to
assign tests to the different categories?
SACGT
considered whether analytical validity, clinical validity, clinical utility,
and social consequences could be used to characterize the potential benefits
and risks associated with a given test.
Using this information, SACGT suggested in the public consultation
document that tests might be organized into categories such as high risk and
low risk, while acknowledging that this would not be a simple or
straightforward task. Categorization
would depend on the consideration of a combination of factors, including test
characteristics, availability of safe and effective treatments, and the social
consequences of a diagnosis or identification of risk status. In 1975, the National Academy of Sciences
recommended that genetic tests be considered in terms of three categories, based
on the complexity and usefulness of the information to the individual being
tested.[15]
The
difficulty of arriving at a straightforward schema was reflected in the public
comments received. Some individuals
suggested categorizing genetic tests by the purpose of the test, such as
newborn screening, prenatal, carrier, predictive, or diagnostic testing. Others suggested categorizing tests by the
availability of treatment or preventive measures, by the demonstration of
clinical validity, or by the stage of development of the test.
A
number of public commenters believed that certain genetic tests raise more
ethical, legal, and social concerns than do others. In this category, they identified prenatal, presymptomatic, and
predictive tests, especially when no treatment measures are available. Commenters viewed diagnostic and
confirmatory tests and tests for diseases for which treatment is available as
raising less concern.
Additional
considerations for the level of review of genetic tests include gene frequencythat
is, whether the test would be for a common or an orphan (rare) disease or
mutation; whether the test will be used for population-based screening or
individual testing; the potential for stigmatization of individuals or groups;
and the availability of independent methods of confirmation to reduce the
occurrence of false-positive test results.
For
the purposes of review, one useful way to consider tests is to assess them
across several dimensions. These
criteria are necessary but may not be sufficient for all tests.
·
Is
the test used to detect somatic or germline variations?
·
Is
the test at this stage of development primarily diagnostic or predictive?
·
Is
the test used to detect a rare disease or a rare mutation?
·
Does
the complexity of the test procedures make performance or interpretation of
results difficult?
·
Is
the mutation being tested for highly or weakly penetrant?
·
Is
a proven intervention available to prevent or treat the disease for which the
test is being conducted?
·
Is
the test used for population-based screening or testing of individuals?
·
Is
the prevalence of the disorder for which the test is used high or low?
·
Is
there potential for stigmatization of individuals or groups from the test
results?
·
Is
the test designed or able to identify more than one condition?
For
example, predictive tests require more scrutiny than do diagnostic tests. Similarly, tests for weakly penetrant
mutations require more assessment than do those for highly penetrant genes.
Tests for conditions for which no interventions are available would require
more review than tests for conditions for which interventions exist. Thus, for example, a high scrutiny test
would be one that is predictive, detects a mutation that is weakly penetrant,
and for which a proven intervention is not available. Similarly, a complex test, such as linkage analysis for which
interpretation is difficult, would require more oversight than a test measuring
the presence or absence of a defined mutation.
Conversely, lower scrutiny would be needed for tests performed solely to
detect somatic mutations or to detect genotypic information used exclusively to
direct clinical management of symptomatic patients. The schematic depicted in Figure 1 illustrates one example of an
approach to classifying tests using three dimensions. In this illustration, a predictive test for susceptibility to a
form of cancer, if it had low penetrance and no treatment, would fall into a
high scrutiny classification.
Figure 1. Schematic representation of how criteria could be used to
determine level of scrutiny.
Another
approach for classifying tests according to clinical criteria was submitted to
SACGT during the second round of public comments. The National Society of Genetic Counselors (NSCG) proposed ten
parameters for assigning appropriate levels of oversight for genetic tests.
These parameters include the type of test (e.g., diagnostic, newborn
screening); prevalence in the population; availability of surveillance or
treatment for the disorder; degree of locus heterogeneity; detection rate of
the test; genotype-phenotype correlation; penetrance of the gene; extent of
variable expressivity;[16]
anticipation;[17]
and anticipated cost of the test.
The NSGC proposes that these parameters could be developed into an algorithm that could be used to assign genetic tests to low, moderate, or high scrutiny categories for oversight.
·
The classification of
a test into a scrutiny level is an essential initial step in the process of
test evaluation. Determining the level
of review required of a particular genetic test will be crucial to ensuring
that a test receives the appropriate level of review based on the
characteristics of the test and its target disease or condition, the intended
use of the test, and the potential for improved medical outcome. Because further work is needed to develop
the criteria and the methodology to be used in classifying tests by the level
of scrutiny required, a SACGT working group, augmented by representatives of
relevant federal agencies, professional organizations, and the public and
private sectors, will immediately begin to develop a proposed algorithm for the
classification of genetic tests. At the
completion of this effort, an addendum to this report outlining the algorithm
for classifying genetic tests will be submitted in Fall 2000. It is recommended that these criteria and
methodology be used in the classification of genetic tests.
Issue 3: What
process should be used to collect, evaluate, and disseminate data on single
tests or groups of tests in each category?
Currently, data about genetic tests are collected by a number of different organizations. While some of these data are publicly available, others are not. Data on clinical application of a test could be collected and evaluated by a number of sources, including professional organizations, individual laboratories, academic institutions, and/or governmental agencies. Inherent in any extension of data collection requirements is an added burden to the delivery system as well as an added cost for provision of health care. These important considerations must be carefully understood and resolved.
SACGT considered many options for collection, evaluation, and dissemination of data on genetic tests, including the following:
·
Continuing
reliance on the current practice of allowing laboratories to base decisions on
information they collect and analyze, including their own data or data they
glean from other sources, such as research publications or consensus
conferences.
·
Requiring
that each laboratory that offers a test be responsible for collecting and
analyzing the information that is necessary to support its claims, according to
national standards.
·
Establishing
that a government agency take primary responsibility for collecting information
on clinical applications of tests that detect particular mutations and defining
the appropriate claims for such tests.
·
Forming
a consortium of government, professional associations, and industry to create,
collect, and analyze information about clinical applications.
Regardless
of the option chosen for data collection, once the data have been collected and
evaluated, they must be disseminated in an appropriate manner to health care
practitioners and the public. One
public commenter stated that the public needs to be informed about general
information that evolves from the data about genetic tests, at the same time as
the practitioners are informed. Others
suggested that information should be easily accessible by all and recommended
an Internet-based database system. One
commenter supported the concept of
developing
peer-reviewed Internet resources that provide information on genetic tests for
health providers and the public.
SACGT
concludes that databases on genetic tests should include not only data
generated prior to offering the test for clinical use, but also data generated
as part of any post-market evaluation. One option for dissemination is to
require laboratories to release summaries of data on clinical application as
part of the process of offering the test.
Such summaries could be directed to health care professionals, to the
general public, or to both. In
addition, different methods of collection and distribution of information may
be used for different tests. Guidelines
or regulations might be required to make those distinctions. One method would be to rely upon
publications and professional societies to inform readers and members, with the
expectation that practitioners will inform the public over time. Alternatively, the federal government or a
consortium could be responsible for ensuring that relevant data are available
for both professional and public use.
Through
the public comment process, SACGT learned that the issues of privacy and
confidentiality of data collected for research is a major concern of
individuals participating in such studies.
One commenter noted that collection of data to establish analytic and
clinical validity is severely compromised by fear of discrimination. Many individuals indicated that they would
be willing to share genetic test results and individually identifiable
information if informed consent were obtained and assurances of confidentiality
were provided. Many commenters
recommended that data collected for research should be anonymized or coded to
protect the privacy and confidentiality of the individual and the data. Participants at the public meeting suggested
that individuals involved in research studies should receive feedback on the
outcomes and findings of the study.
Others have suggested that there are risks involved in receiving
investigational test results before the meaning of the information is
understood.
There
is general public support for improved data collection. Some individuals providing comment suggested
that data and analyses relevant to genetic tests should be accessible to the
public.
·
The responsibility for
collecting initial data on the analytical validity of a test lies with the test
developer.
·
Initial knowledge of the clinical validity of a genetic test is
essential to assess its safety and efficacy.
Further knowledge will depend on additional research and the long-term
systematic collection and analysis of additional data. Researchers and test developers should
gather and share data on the clinical validity and utility of genetic
tests.
·
Since data sharing and analysis are critical, relevant DHHS agencies
should work collaboratively with researchers and test developers to advance
data collection and provide this information to health care providers and the
public. Initial exploratory data
collection efforts among DHHS agencies, which have been coordinated by CDC,
have been of value and should continue.
DHHS agencies should involve relevant experts, organizations, and public
representatives in data collection efforts.
Appropriate and timely data collection could contribute to a variety of
assessments that would be critical to evaluating genetic tests, such as 1)
comparative analyses of information gathered from existing literature sources;
2) pilot projects to assemble and compare data from published and unpublished
sources; and 3) formal technology assessments.
The results of such assessments should be made publicly available in a
timely manner.
·
Protecting the
confidentiality of data and the privacy of individuals is essential to the
progress of data collection efforts.
SACGT
believes that it is critical that data continue to be collected after genetic
tests reach the market. In addition,
there is no current requirement that data about a tests analytical validity,
clinical validity, or clinical utility, or lack thereof, should be disclosed to
health care providers or patients.
BRCA1 is an example of a test that should have been released with
disclaimers about the limited knowledge about the tests clinical validity,
which was based on data from a small and highly selected group of families in
which multiple cases of cancer had occurred.
Better post-market data collection and analysis will allow for expansion
of the use of the test after it has been proven and understood in the initial
target population. Some assurance
should be provided that additional data will be collected after a test is
preliminarily approved, using some minimal standards, and that data will be
continuously reported, so that at
any given point in time, the level of knowledge about any test is
sufficient. For a selective few tests,
more intensive studies will be needed, and resources should be available to
carry out timely reviews. Creation of
complete data sets should not be inhibited by proprietary considerations and
should be accessible to the public.
·
Laboratories should be
encouraged or required to make pre- and post-marketing data on genetic tests
available in a timely, accurate, and understandable manner.
·
Post-market data collection
can enhance understanding of current applications of a genetic test and is
important for any expansion of the use of a genetic test beyond the initial
indications approved when the test is made available. Laboratories providing clinical genetic services should commit to
post-market data collection efforts.
Issue 4: What
are the options for oversight of genetic tests and the advantages and
disadvantages of each option?
Oversight
of genetic tests can occur through multiple approaches. SACGT identified a
number of possible directions that could be taken to improve oversight of
genetic tests, including 1) strengthening and expanding current CLIA or FDA
regulations or voluntary standards and guidelines; 2) forming interagency
review boards; or 3) forming a consortium of representatives from government,
industry, and professional organizations.
SACGT also recognized that there are many areas beyond test development,
use, and marketing, such as training and educating health care providers and
enhancing public understanding of genetics, that might have an equally
important impact on assuring the safety and effectiveness of a genetic test.
The
public comments were evenly divided between favoring a greater federal role in
oversight versus forming a public/private consortium that would be responsible
for oversight. Commenters noted the
advantages of a consortium, including flexibility and broad representation of
stakeholders. The advantages of a
greater federal role cited in public comments are increased resources,
centralization of oversight, and the
provision of rigorous standards. Some
commenters specifically recommended FDA as the federal agency of choice to
oversee genetic tests. One said that
FDA should use the authority it has to regulate all genetic tests and any kits
that might be developed as part of gene sequencing. Others suggested that strengthening current CLIA regulations was
preferable. Still others favored
integrating all three approaches, with expansion of a consortium approach
integrated with enhanced roles for FDA oversight of test validity and expanded
CLIA oversight of testing practices, including enforcement of requirements for
pre- and post-analytical test functions.
Participants in the public meeting suggested that oversight should not
be limited to the tests themselves, but should also apply to the manner in
which the tests are used. During the
second round of public comments received on the preliminary conclusions and
recommendations, a number of individuals from industry and professional
organizations expressed concerns about the impact that additional oversight may
have on the development, availability, and accessibility of genetic tests and
expressed strong opposition to an increased role for FDA.
In
assessing whether further oversight is warranted, SACGT considered the
implications of further oversight on the current system of genetic test
development, dissemination, and use, given the rapidly evolving nature of
genetic research and technology. SACGT
believes that the benefits of additional oversight of genetic tests outweigh
the risks and that any new review processes should be flexible enough to
accommodate the growing number of genetic tests and the speed in which they are
being made available, while simultaneously ensuring that the determination of
their adequacy is made in a timely and efficient manner.
·
Based on the rapidly
evolving nature of genetic tests, their anticipated widespread use, and
extensive concerns expressed by the public about their potential for misuse or
misinterpretation, additional oversight is warranted for all genetic tests.
It
is clear that the variable characteristics of genetic diseases and their detection
require additional oversight using different strategies than those used in the
past. The strategies employed must be
sensitive to a number of issues, including the following:
·
Given
the imminent completion of the Human Genome Project, a large number of genetic
tests will be available in the near future.
Moreover, the number of tests may increase as we learn more about
gene-gene and gene-environment interactions and their implications for human
health.
·
It
is likely that many tests will be conducted to detect rare mutations, even if
the disease or condition they are related to are not typically considered
orphan diseases. There may be many
causes or markers for genetic diseases that occur in only a small subset of
individuals.
·
A
test for a specific mutation may have a number of different uses. That is, a test may be useful in different
clinical situations depending upon the presence of other gene variants or
exposure to environmental factors.
·
Knowledge
of clinical validity and clinical utility of a test is likely to advance as the
test is used and as patients are followed over time.
·
Knowledge
about the relationships between genetics and disease or health is driven by the
entire health care system, not by laboratory analysis alone.
If existing strategies for the review of genetic tests are used without modification, several adverse effects may occur. Some tests might not be developed at all. Most small laboratories could face difficult, if not impossible, cost burdens that will reduce competition and, therefore, the availability and accessibility of tests. Tests in the market will be significantly out of date because the review process will not reflect advancements in disease knowledge. Realizing the fundamental benefits of genetic testing will depend on a review process that recognizes the evolving nature of knowledge and is flexible enough to continually redefine the analytical validity, clinical validity, and clinical utility of the test based on the expansion of that knowledge.
The
type of oversight required would differ depending upon the stage of development
of the test and whether it falls into the high scrutiny or low scrutiny
category. However, several actions
could be taken to strengthen the federal oversight role to ensure that some
level of review occurs for all tests.
In particular, the roles of CLIA and FDA in oversight should be
strengthened and expanded. Additional
oversight of genetic tests should occur through a continuous review of
standards of care and practice by the clinical community.
·
The oversight of genetic testing must be accomplished through new and
innovative oversight mechanisms that will not limit the development of new
tests or inordinately delay their availability. To ensure adequate and
appropriate oversight of genetic tests, multiple agencies in collaboration with
the private sector will be required to develop and implement a new multi-step
process of evaluation for genetic tests.
·
FDA should be the federal
agency responsible for the review, approval, and labeling of all new genetic
tests that have moved beyond the basic research phase. The level of review applied by FDA should
correlate with the level of scrutiny warranted by the test as defined through the
system developed by SACGT discussed in Issue 2 (page 20). Using criteria informed by standards already
in place in professional organizations and based on and integrated with
existing regulations, such as CLIA, FDA must delineate review processes for pre-market
evaluation of genetic tests. These
processes should focus on evaluation of the data regarding analytical and
clinical validity, as well as on claims made by the developer of the test about
its clinical utility. The review
processes must minimize the time and cost of review without compromising the
quality of the assessment of test validity.
To facilitate test availability, requirements for post-market data
collection may be imposed in the approval process. Before actual implementation of the review processes, and in a
timely fashion, detailed modeling of the proposed plan for a variety of tests
of different scrutiny levels should be undertaken, which would include an
analysis of the impact on cost, availability, and delays in the availability of
tests.
·
Development of data formats
for post-market information gathering to update the utility of genetic tests
should be the responsibility of CDC in collaboration with FDA, other federal
agencies, and private sector organizations, as appropriate. Post-market collection, aggregation, and
analysis of data should be performed under the auspices of CDC, and may be
required of the test developer as well as other users of the approved
tests. The focus of this effort should
be to attain full understanding of the clinical utility of the test. The data collected should not include
personally identifiable information.
·
To assure continued
collaboration among agencies, professional organizations, the private sector,
and public representatives in this critical transition, SACGT should serve as a
resource to the Secretary to facilitate the development and implementation of
the proposed processes.
Various
elements of a genetic test (analytical validity, clinical validity, clinical
utility, and test methodology) raise different issues that require further
oversight. A genetic test should not be
used in clinical practice (that is, for other than research purposes) unless it
has been shown to detect reliably the alteration that it is intended to
detect. CLIA requires a laboratory that
offers a test to determine the analytical validity of the test before it is
used in clinical practice. In the
current system, the laboratory intending to offer a test decides when it has
met CLIAs requirement, a judgment that may later be evaluated during a CLIA
inspection. SACGT believes that the current system requires review. Standards should be enhanced to assist
laboratories in deciding when a tests analytical validity has been determined
and is acceptable, or laboratories should be required to obtain the concurrence
of an independent third party before a test is offered for use in clinical
practice. SACGT received numerous
public endorsements of the expansion of CLIA regulations to address genetic
tests.
·
CLIA regulations should be
augmented to provide more specific provisions for ensuring the quality of
laboratories conducting genetic tests.
The
additional oversight and data collection efforts recommended by SACGT will
require enhanced resources.
·
DHHS agencies should be provided
with sufficient resources to carry out expanded oversight of genetic tests,
including test review, enhanced CLIA oversight of testing laboratories,
coordinated data collection, and information dissemination.
Finally,
professional organizations and state health departments can provide additional
oversight protections. Organizations
such as CAP, ACMG, and NCCLS have developed guidelines and standards for the
development and use of genetic tests, and they continue to do so; state health
departments may require laboratory facilities and personnel that perform
genetic tests be licensed, and importantly, patient advocacy groups as well as
individuals and families affected with a genetic condition will continue to
play an important role in setting standards and in developing guidelines.
Issue 5: What is an appropriate level of oversight for each
category of genetic test?
At
this time, no systematic or credible mechanism is in place for reviewing
evidence, using standardized methodologies, about genetic tests before they are
introduced into clinical practice. Thus, it is difficult to determine with
great certainty when a test is ready to move from research to clinical
practice. (In clinical practice, test results go back to the patient or the
patients family, as opposed to only being part of data collection.) In addition, once tests enter the health
care system, it is difficult to retrieve data on their use and outcomes. SACGT concluded that although genetic tests
should be evaluated at all stages, from development through clinical
application, the level and focus of review should be appropriate to the stage
and complexity of the test itself. For
example, diagnostic tests for a disease with high penetrance and for which an intervention
is available may require less scrutiny than predictive tests for a disease for
which no proven intervention is available.
Also
important is the degree to which benefits are provided by positive and negative
test results. In general, genetic tests should provide information that people
will find useful in making decisions related to their health and
well-being. Some consumers might assume
that a test would not be made available unless it has a health benefit. For example, a negative genetic test result
may provide a useful basis of information for informed decision-making. Others have argued that access to
information, even it if does not lead to a health-related intervention, is
itself useful. There is currently no requirement that the clinical utility of a
genetic test be assessed before it is used in clinical practice, and additional
oversight may be needed to ensure greater awareness of the utility of the test.
In
considering the level of oversight warranted, the risks, benefits, and economic
implications (both short and long term) associated with oversight must be
considered. More stringent oversight,
for example, may ensure greater certainty that a test has been shown to be
accurate and useful, that patient safeguards are in place, and that health care
dollars are not spent on tests of little value. On the other hand, additional oversight may unnecessarily delay
the introduction of new tests (or improvements to existing tests) into clinical
practice and increase the costs of test development, which may in turn
discourage the development of new tests.
The provision of any type of additional oversight is likely to have
implications for resources that may affect the costs of genetic tests and
public access to them.
The
public comments emphasized a need for guidelines or national standards to
determine when a test is ready for clinical use. Many commenters stated that a test should be considered ready for
clinical use when clinical validity and utility have been demonstrated. One said that investigational tests are
ready for general use only when sufficient data has been collected and
evaluated to determine accuracy, validity, and utility in different
populations. Participants in the
public meeting said that it was important that the benefits of immediate test
application be weighed against what might be lost if the test is not available.
In general, commenters thought that tests for rare diseases should be given
special considerations so that their availability would not be limited. One said that special consideration for
genetic tests for rare diseases must be given in order to ensure access to
such tests, even before validity is confirmed.
Systematic
and ongoing review of genetic tests would provide information to health care
providers and individuals to assist their decision-making about the usefulness
of the test and its potential risks and benefits. Some commenters suggested that regular review of genetic tests
may be needed in light of the changing level of knowledge regarding how the
test is performed and interpreted. The
level of confidence in the information presented to individuals on genetic
tests should be high.
Making
information available and understandable about a tests accuracy and predictive
power and the availability of therapy for the disease the test is designed for
is important to the public, but most commenters thought that this would not be
a sufficient form of oversight.
Similarly, while commenters believed that the review of promotional
materials would be an important part of the oversight process of genetic tests,
this alone would not be sufficient for oversight.
Ongoing
review is essential, because when test manufacturing methods and materials
change, either deliberately or inadvertently, the performance characteristics
of a test can change as well, altering its analytical validity. Although CLIA requires re-evaluation of
tests when the methodology changes, stronger incentives are needed to
re-qualify tests when methods and materials change to demonstrate equivalent
analytical validity performance.
In
addition to considering the levels of oversight required, SACGT considered the
timing of such oversight. Because the
clinical validity of tests changes as they are used in a population, oversight
must consider the entire continuum of test introduction and use over time, from
the earliest stages of research to wide-scale clinical application.
SACGT
determined that different levels of oversight are warranted for different
phases and types of genetic tests.
Specific recommendations are made for tests in the research phase of
development, the review of tests prior to clinical and public health use, and
tests already on the market.
Analytical
validity should be determined in the initial research phase. Extensive data on clinical validity can be
established only as populations tested are expanded. Thus, a test in the research phase must satisfy somewhat
different standards than one that has been widely used in clinical
settings. There must also be a
rationale for a tests clinical application and for establishing a population
in which testing would be appropriate.
In some cases, laboratories that are developing genetic tests for
eventual use in clinical practice conduct studies using identifiable patient
samples.[18] Unless the study is conducted with federal
funding or is intended for submission to FDA, there is no federal requirement
that laboratories obtain informed consent from a patient participating in that
study. Further, at present, not all
facilities developing genetic tests have IRB oversight bodies in place, because
IRBs are not legally required for institutions that do not conduct DHHS-funded research.
·
IRB review should be
conducted of all research protocols for genetic tests in which individually
identifiable human subjects or samples are used, regardless of the funding
source. Informed consent must be
obtained from all subjects participating in such research. Institutions that lack an IRB must obtain
the services of a qualified board.
Efforts will be needed to ensure that IRBs are suitably equipped to
carry out these reviews. In addition,
since only CLIA-certified laboratories may return test results used for
purposes of treating, diagnosing or assessing a persons health to individuals,
family members or health care providers, Federal agencies should make technical
assistance available to laboratories performing tests for orphan diseases or
mutations to help them meet the CLIA certification requirement
Once
a laboratory has established the analytical validity of a test, its clinical
validity and utility can be established only by testing in human
populations. Questions must be answered
about a tests ability to generate information about the presence or
possibility of future occurrence of a disease.
Determining a genetic tests clinical validity will often require an
ongoing process. Early data showing
sensitivity, specificity, and predictive value of the test may be refined and
clarified over years of work, as information evolves. At the same time, many would like to see gene discoveries quickly
translated into practical use as soon as the discoveries are made, often before
the clinical validity of the test is fully established. The use of the test is then refined as new
information becomes available. No
federal standards guide how laboratories determine when enough is known about a
genetic test for it to be used in clinical practice or the extent to which
uncertainties about a tests characteristics must be disclosed. FDA should play a central role in serving as
the gatekeeper for the introduction of new tests.
Many
tests are likely to fall into the low-scrutiny category and therefore should
receive expedited review. For those
tests that raise concerns because they are predictive rather than diagnostic,
weakly penetrant, detect a disorder for which no proven intervention exists, or
detect a gene mutation in a subpopulation at greater risk for stigma or
discrimination greater scrutiny is warranted.
·
FDA should give particular
attention to the review of genetic tests that are used to predict diseases and
conditions for which no safe and effective interventions are available. Other tests may also warrant a higher level
of scrutiny in the FDA review process.
·
In the future, tests may be
developed that raise major social and ethical concerns. Because FDAs review will focus on assuring
the analytical and clinical validity of a test, the agencys capacity to assess
the ethical and social implications of a test may not be sufficient. The Secretary should consider the
development of a mechanism to ensure the identification and appropriate
review of tests that raise major social and ethical concerns.
SACGT
can play an important coordinating role in the oversight of genetic tests. The Committee, which includes nonvoting
liaison members from AHRQ, CDC, FDA, HCFA, HRSA, and NIH, made a commitment to
follow the progress of DHHS in implementing enhanced oversight and to provide
ongoing advice about the oversight issues as necessary. SACGT should not engage in case-by-case
review of genetic tests, but should serve as a forum for public discussion of
evolving concerns about the issues raised in the approval, release, and ongoing
review of genetic tests.
SACGT
believes that some tests already on the market should be further evaluated for
clinical efficacy and that guidelines should be developed for their appropriate
use. A multidisciplinary body could be
constituted to conduct such reviews.
Such a group could develop methodology that emphasizes systematic
analytic procedures to review scientific evidence for the purpose of developing
sound practice guidelines for genetic testing.
Evaluations could be submitted for consideration by medical
organizations, specialty societies, government agencies, and other groups
concerned with the delivery of genetic services and could be published in
peer-reviewed medical journals and other publications.
·
Using principles employed
for the review of new genetic tests, a multidisciplinary group, given deemed
status for this purpose, should review genetic tests that are already on the
market for evaluation of clinical efficacy and development of guidelines about
their appropriate use.
Enforcement of Test
Promotion and Marketing Regulations
Although
the federal government requires that promotion and marketing of products and services
(which sometimes takes the form of educational materials) be truthful and not
deceptive, federal agencies have taken little enforcement action against false
or deceptive claims involving genetic
tests. While some believe that false or deceptive claims
are not currently a problem, others have
suggested
that promoting or advertising genetic tests, especially to patients/consumers,
should be prohibited. Another
suggestion is to permit the promotion and advertising of genetic tests, while
also emphasizing taking action against those who make false or deceptive
claims.
·
Current regulations under
FDA and the Federal Trade Commission should be enforced in the area of genetic
test promotion and marketing.
SACGT
appreciates the opportunity to provide recommendations to the Secretary on the
critical issue of the adequacy of oversight of genetic tests. The Committees recommendations are based on
a multifaceted consultation with the public and a careful consideration of the
issues. SACGT hopes that its
recommendations will be useful to the Secretary and will enable the development
and implementation of oversight strategies that reflect both the promising
benefits of genetic tests as well as the recognition of their real and
potential risks. If these
recommendations are accepted by the Secretary, SACGT would be pleased to play
an ongoing role in the further development and implementation of a new
oversight strategy for genetic tests.
Federal Register Notice, April 19, 2000
Appendix A
Summary of Public Comments
. Appendix
B
[1] These statistics were provided by GeneTests, a directory of clinical laboratories providing testing for genetic disorders, which can be found at the following website: .
[2] McGovern, M.M.; Benach, M.O.; Wallenstein, S.; et al. Quality assurance in molecular genetic testing laboratories. JAMA 281(9): 835-40, 1999.
[3] Holtzman, N.A.; Watson, M.S. (eds.) Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing. Baltimore: Johns Hopkins University Press, 1997.
[4] The
consultation document was mailed to 2,500 individuals and organizations in late
November 1999, and comments were received until January 31, 2000. A public
meeting was held at the University of Maryland, Baltimore, on January 27, 2000,
which was planned and organized by a steering group composed of SACGT members
and additional experts knowledgeable about issues of concern to diverse
communities.
Federal Register 64(230), December 1, 1999, pp. 67273-67289.
[5] See Appendix A. Federal Register 65(76), April 19, 2000, pp. 21094-21109.
[6] See Appendix B for summary of public comments on preliminary conclusions and recommendations on oversight.
[7] Some of the information presented in this section regarding genes, genetics research, and genetic testing is adapted from Understanding Gene Testing, a booklet produced by the National Cancer Institute and the National Human Genome Research Institute. The booklet is available at http://www.accessexcellence.org/AE/AEPC/NIH/index.html.
[8] Farlow, M.R.; et al. Treatment outcome of tacrine therapy depends on apolipoprotein genotype and gender of the subjects with Alzheimer's disease. Neurology 50(3): 669-77, 1998.
[9] Federal Register 65(87), May 4, 2000, pp. 25928-25934.
[10] The term analytical validity refers to how well a test performs in the laboratory that is, how well the test measures the property or characteristic it is intended to measure. (In the case of a genetic test, the property can be DNA, proteins, or metabolites.) In other words, does the test do what its makers claim it does? If so, it must produce the same results repeatedly and in different laboratories (given the same set of procedures).
[11] Clinical validity refers to the accuracy with which a test predicts the presence or absence of a clinical condition or predisposition. Thus, a test would be clinically valid if it successfully detects the disease or predisposition. Initially, the test has to be conducted on individuals who are known to have the condition (as well as those who do not) to determine its success rate.
[12] Clinical utility refers to the usefulness of the test and the value of the information to the person being tested. If a test has utility, it means that the results positive or negative provide information that is of value to the person being tested because he or she can use that information to seek an effective treatment or preventive strategy. Even if no interventions are available to treat or prevent the disease or condition, there may be benefits associated with knowledge of a result.
[13] Prevalence refers to the percentage of a population that is affected with a particular disease at any given time.
[14] A genetic test may either have positive predictive value (the probability that an individual with a positive test result will develop the disease) or negative predictive value (the probability that an individual with a negative result will not get the disease), depending upon its clinical sensitivity and specificity (clinical validity).
[15] National Research Council. Committee for the Study of Inborn Errors of Metabolism. Genetic Screening: Programs, Principles, and Research. Washington, D.C.: National Academy of Sciences, 1975.
[16] The term expressivity describes the extent to which a genetic mutation is expressed. If there is variable expressivity, the trait may range in expression from mild to severe but is never completely unexpressed in individuals who carry the mutation.
[17] The term anticipation is used to denote the progressively earlier appearance and increased severity of a disease or condition in successive generations.
[18] The
National Bioethics Advisory Commission has addressed ethical issues concerning
the use of human biological materials in research and has made a number of
recommendations relevant to some of the issues discussed here. National
Bioethics Advisory Commission. Research Involving Human Biological
Materials: Ethical Issues and Policy
Guidance. Report and Recommendations of
the National Bioethics Advisory Commission. 1999.