Skip to main content
. Author manuscript; available in PMC: 2020 Sep 1.
Published in final edited form as: J Law Med Ethics. 2020 Mar;48(1):87–104. doi: 10.1177/1073110520916997

Table 2.

Fixed-response survey item scores (n=95).

Mean Score
(1-5)
Standard
Deviation
LIABILITY
Q1: How important do you think it is to clarify and improve the law surrounding liability issues in genomics research and clinical care? 3.83 0.91
How important do you think it is to address the following issues?
 Q2: Failure to create appropriate informed consent procedures and documents 3.73 1.01
 Q3: Negligent performance of genomic analysis 3.84 0.97
Q4: Negligent interpretation of results 4.20 0.91
 Q5: Failure to inform research participants or patients about primary, secondary, or incidental findings 3.81 0.92
Q6: Establishing the standard of care for clinical use of genomics in assessing risk, in diagnosing, and guiding prescribing and other treatment 4.10 0.75
 Q7: Defining the duty to re-interpret data due to changes in genomic knowledge 3.88 0.90
Q8: Hospital or other organizational failure to adopt procedures, acquire equipment, or hire personnel for genomic analysis and integration into clinical care 3.32 1.12
 Q9: Health insurer/payer failure to pay for genomic testing 4.02 0.99
QUALITY
Q1: How important do you think it is to clarify and improve the law surrounding quality issues? 3.82 0.97
How important do you think it is to address the following issues?
 Q2: Ensuring adequate validity and reliability of results 4.08 0.90
 Q3: Ensuring consistency of interpretation and results across laboratories 4.04 0.93
 Q4: Determining when use of a CLIA-certified laboratory is needed 3.74 1.12
 Q5: Ensuring adequate quality in biospecimen repositories 3.48 1.09
 Q6: Ensuring adequate quality in data archives 3.54 1.01
Q7: Determining the appropriate role of regulatory agencies such as the FDA, CDC, CMS, and
NIST
3.96 0.86
 Q8: Determining the appropriate role of and standards from professional societies such as CAP, AMP, ACMG, ASHG, and NSGC 3.78 0.95
Q9: Harmonizing international standards 3.24 0.92
PRIVACY AND ACCESS
Q1: How important do you think it is to clarify and improve the law surrounding privacy and access issues? 4.01 0.95
How important do you think it is to address the following issues?
 Q2: Determining who should have access to raw genomic data (e.g., patient or research participant, family, clinicians, others) 3.90 0.99
 Q3: Determining who should have access to interpreted genomic data 4.01 0.94
 Q4: Defining how much control individuals should have over how data about them is used--in research, quality control, or public health 3.81 0.96
 Q5: Determining how to handle access to genomic data and results after the patient’s death 3.63 0.98
 Q6: Determining data sharing rules and practices 4.05 0.89
 Q7: Clarifying the law related to using de-identified data and biospecimens in research 3.65 1.06
 Q8: Determining how to prevent and penalize re-identification 3.63 1.10
 Q9: Addressing employer access to genomic results 4.09 1.00
Q10: Addressing insurer access to genomic results 4.18 0.98
 Q11: Controlling potential use of genomic results in other contexts (e.g., to determine parentage, in forensic contexts, in adoption) 3.63 1.11
FRAMEWORK
Q1: How important do you think it is to clarify and improve the law surrounding the framework question of when clinical rules vs. research rules apply? 3.91 0.93
How important do you think it is to address the following issues?
 Q2: Determining when the laws and norms governing human subjects research should apply in genomics 3.62 1.01
 Q3: Determining when laws and norms governing clinical care should apply in genomics (e.g., malpractice liability, robust duty of clinical care) 3.83 1.03
 Q4: Determining when genomics researchers have duties to offer return of primary, secondary, or incidental findings 3.96 0.96
 Q5: Determining what laws and norms should apply to research with de-identified data or specimens that were not collected for the research 3.61 1.08
 Q6: Developing appropriate approaches for translational genomics that combine research and clinical care 3.97 1.01
 Q7: Determining when genomics researchers need to seek an investigational device exemption from the FDA 3.53 1.08
 Q8: Clarifying the law governing genomic research by private companies 3.45 0.98
 Q9: Determining what laws and norms should apply to companies offering direct-to-consumer (DTC) genomic testing services and research 3.92 1.06
Q10: Determining what law applies when research crosses states or countries 3.36 1.15

Note:The 3 highest Mean Scores across all categories are bolded. The 3 lowest Mean Scores are italicized.