Genetic Counselor Liability and Licensure in the Genomics Era

The potential liability facing genetic counselors providing clinical care is increasing due to rapid technological advances and the transition under way from genetics to genomics. In addition, increasing professional opportunities and associated responsibilities for genetic counselors place practitioners at growing risk of malpractice and negligence lawsuits. Genetic counselors must understand and meet the standards of care in their respective states, but such standards can be difficult to ascertain in the rapidly evolving domain of genetics and genomics. This chapter first provides an overview of the changing landscape of genetic counselor liability and the relationship between liability and state licensure. It then identifies causes of action related to genetic counseling, such as those arising in prenatal care, genomic testing, and the mishandling of test results. Lastly, it recommends ways in which genetic counselors can identify and mitigate risk.