For the purposes of this Act 1. a "genetic examination" is, directed at the purpose of the examination, a) a genetic analysis to establish genetic characteristics, or b) a prenatal risk assessment, including the evaluation of the respective results, 2. a "genetic analysis" is an analysis directed at establishing genetic characteristics of a) the number and structure of chromosomes (cytogenetic analysis), b) the molecular structure of deoxyribonucleic acid or ribonucleic acid (molecular genetic analysis), or c) the products of nucleic acids (gene product analysis), 3. a "prenatal risk assessment" is an examination of the embryo or foetus intended to establish the probability that particular genetic characteristics relevant to a disease or health disorder of the embryo or foetus are present, 4. "genetic characteristics" are inherited hereditary information originating from a human being, or hereditary information acquired during fertilisation or up to birth, 5. the "physician responsible" is the physician who carries out the genetic examination for medical purposes, 6. a "genetic examination for medical purposes" is a diagnostic or a predictive genetic examination, 7. a "diagnostic genetic examination" is a genetic examination with the aim of a) clarifying an already existing disease or health disorder, b) clarifying whether genetic characteristics are present that, together with the effect of particular external factors or foreign substances, may trigger a disease or health disorder, c) clarifying whether genetic characteristics are present that may influence the effect of a medicinal product, or d) clarifying whether genetic characteristics are present that may wholly or partly prevent the onset of a possible disease or health disorder, 8. a "predictive genetic examination" is a genetic examination with the aim of clarifying a) a disease or health disorder that will occur only in the future, or b) carrier status for diseases or health disorders in descendants, 9. a "genetic screening examination" is a genetic examination for medical purposes that is systematically offered to the entire population, or to particular groups of persons within the entire population, without there necessarily being reason to assume, in respect of the person concerned, that they have the genetic characteristics whose presence the examination is intended to clarify, 10. a "genetic sample" is biological material intended for use in genetic analyses, or on which such analyses have been carried out, 11. "genetic data" are data on genetic characteristics obtained through a genetic examination, or through the genetic analysis carried out within the framework of a genetic examination, 12. "employees" are a) workers, b) persons employed for their vocational training, c) participants in benefits for participation in working life and in assessments of occupational aptitude or work trials (persons undergoing rehabilitation), d) persons employed in recognised workshops for persons with disabilities, e) persons employed under the Youth Volunteer Services Act, f) persons who, owing to their economic dependence, are to be regarded as persons similar to employees; these also include persons employed in homework and persons treated as equivalent to them, g) applicants for an employment relationship and persons whose employment relationship has ended, 13. "employers" are natural or legal persons, or legally capable partnerships, that employ persons under number 12, or, in the case of persons employed in homework and persons treated as equivalent to them, the principals or intermediaries, or, in the case of employees made available to a third party to perform work, also that third party.
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Section 3
Definitions
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