23andMe does not operate as a laboratory itself but contracts with U.S.-based labs that are certified under CLIA and accredited by the College of American Pathologists (CAP). According to their website, all saliva samples are processed in CLIA-certified and CAP-accredited labs, ensuring compliance with federal standards for accuracy and reliability. This certification is crucial, as it aligns with FDA requirements for certain health-related genetic tests. This distinction is significant, as CLIA primarily regulates labs, not the companies that contract them, potentially affecting the applicability of retention requirements to 23andMe’s broader operations.
CLIA’s record retention requirements, as per Section 493.1105, states labs must retain test requisitions, authorizations, and reports for at least 2 years, with longer periods for specific tests like pathology (10 years for slides).
CLIA Laboratory Record Retention Requirements:
- Test requisitions and authorizations: 2 years minimum.
- Test reports: 2 years minimum, 10 years for pathology reports.
- Cytology slide preparations: 5 years.
- Histopathology slides: 10 years.
- Pathology specimen blocks: 2 years.
- Tissue: Until diagnosis is made.
Notably, these requirements focus on test-related records, such as requisitions (which may include patient details like date of birth and sex) and reports (which for genetic tests would include interpreted results). However, there is no explicit mention of retaining raw genetic data, such as the full genotype data, in the CLIA regulations. This raises questions about whether 23andMe’s assertion to retain raw genetic information is strictly required by CLIA or if it extends beyond the regulation for other reasons, such as research or quality control.
CLIA’s record retention requirements, as per Section 493.1105, states labs must retain test requisitions, authorizations, and reports for at least 2 years, with longer periods for specific tests like pathology (10 years for slides).
CLIA Laboratory Record Retention Requirements:
- Test requisitions and authorizations: 2 years minimum. - Test reports: 2 years minimum, 10 years for pathology reports. - Cytology slide preparations: 5 years. - Histopathology slides: 10 years. - Pathology specimen blocks: 2 years. - Tissue: Until diagnosis is made.
Notably, these requirements focus on test-related records, such as requisitions (which may include patient details like date of birth and sex) and reports (which for genetic tests would include interpreted results). However, there is no explicit mention of retaining raw genetic data, such as the full genotype data, in the CLIA regulations. This raises questions about whether 23andMe’s assertion to retain raw genetic information is strictly required by CLIA or if it extends beyond the regulation for other reasons, such as research or quality control.