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Ethical (And Legal) Question On Enterolab


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6 replies to this topic

#1 JaneWhoLovesRain

 
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Posted 12 August 2012 - 05:13 AM

I want to order the mouth swab test (Gluten Sensitivity Gene Test (Molecular HLA-DQB1 analysis)) from Enterolab to see if I have one of the celiac genes. However, my state is one of the two in the country that does not allow the paitent to directly purchase this test, it must be ordered through the doctor. Would it be ethically wrong for me to order this test and have it sent to a friend in a neighboring state and is it even legal for me to do it this backhanded way? Does anyone know if I have to click some kind of disclaimer stating where I live? Or will they know by my credit card info and then not send it to me or worse send it to me and then slap me with a heavy federal fine a month later? I'm the kind of person who goes by the book so the idea of doing something illegal kind of freaks me out a bit. Yet I want to know if I have the gene and don't want to go through the doctor at this time.
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Gluten free since 2010 when it was suggested that my vertigo/dizzy problems may be from gluten. Tested negative for DH in April of 2012. However I'm not convinced I don't have DH as pictures and description pretty much match what I have.
11/2012 tested positve for 1 of the 2 celiac genes

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#2 sharilee

 
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Posted 12 August 2012 - 08:52 AM

How did you find out that you live in a state that requires the order be submitted through the doctor? A lot would depend on why it is illegal to do so in your state. Which would depend on your state's particular law. It may only be illegal to order it directly if you intend to use those results for submitting to insurance or something like that. But using the results for your own personal information may not be illegal to order.

I can't say for certain but I do not remember having to sign a disclaimer as to the state I live in when I ordered from Enterolab. I only remember having to sign a disclaimer as to who I am, my date of birth, weight and height (information I guess they use in interpreting test results).

I doubt seriously they pay attention to the amount of orders they receive that the shipping address and credit card billing address do not match. Also that is probably fairly common with their orders anyway as a family member may be paying for another family member's test so they would not match.

I doubt you would be slapped with a federal fine as although federal law would apply because of more than one state being involved and the mail, the feds have much bigger problems, if you were to get in trouble it would more likely be with your individual state but that is unlikely to as your state is probably not concerned with minor violations either.
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Positive blood work July 2011
Negative Endoscopy August 2011
Positive Endoscopy February 23, 2012
Celiac Diagnosis February 23, 2012
Gluten Free since February 24, 2012


Shari

#3 JaneWhoLovesRain

 
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Posted 12 August 2012 - 01:44 PM

Sharilee - it says so on their web site •The states of New York and Maryland do not allow their residents to purchase medical testing directly from a clinical laboratory.. I've looked at other sites and some of those won't sell to anyone in the northeast. I don't know the reason why. My state is also one of the few that won't license naturopathic physicians, the reasons may be related.
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Gluten free since 2010 when it was suggested that my vertigo/dizzy problems may be from gluten. Tested negative for DH in April of 2012. However I'm not convinced I don't have DH as pictures and description pretty much match what I have.
11/2012 tested positve for 1 of the 2 celiac genes

#4 sharilee

 
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Posted 13 August 2012 - 05:10 PM

Sharilee - it says so on their web site •The states of New York and Maryland do not allow their residents to purchase medical testing directly from a clinical laboratory.. I've looked at other sites and some of those won't sell to anyone in the northeast. I don't know the reason why. My state is also one of the few that won't license naturopathic physicians, the reasons may be related.


Did a little research on both Maryland and New York's laws on this. New York's law is codified in Title 10 of NYCCR and Maryland's in Title 10 of COMAR both are written essentially the same, and basically Enterolab would be subject to heavy fines if they sell directly to a consumer in Maryland or New York. So Enterolab probably does pay close attention to where their tests go and the billing address. Basically it is a crime for Enterolab to sell to you but I did not see any penalties addressed to the consumer for buying.

So if you order a test from Enterolab and ship it to your friend in another state and use your billing address, Enterolab may question it and depending on their refund process you may not get all your money back. Since they could get in trouble but you yourself would not get in trouble legally. Ethically you would be causing Enterolab to break the law if they do not catch it themselves.
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Positive blood work July 2011
Negative Endoscopy August 2011
Positive Endoscopy February 23, 2012
Celiac Diagnosis February 23, 2012
Gluten Free since February 24, 2012


Shari

#5 JaneWhoLovesRain

 
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Posted 14 August 2012 - 02:53 PM

Sharilee - THANK YOU SO MUCH for doing all that reasearch. I really appreciate that you took the time for this. Based on what you found I will not be ordering the test and having it sent elsewhere. I don't want to be a partner in crime, the law is the law and I will go along with that. I'll go through my doctor and hopefully he will agree to it.

Thanks, Jane
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Gluten free since 2010 when it was suggested that my vertigo/dizzy problems may be from gluten. Tested negative for DH in April of 2012. However I'm not convinced I don't have DH as pictures and description pretty much match what I have.
11/2012 tested positve for 1 of the 2 celiac genes

#6 sharilee

 
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Posted 14 August 2012 - 03:26 PM

Sharilee - THANK YOU SO MUCH for doing all that reasearch. I really appreciate that you took the time for this. Based on what you found I will not be ordering the test and having it sent elsewhere. I don't want to be a partner in crime, the law is the law and I will go along with that. I'll go through my doctor and hopefully he will agree to it.

Thanks, Jane


Your welcome, glad I could help
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Positive blood work July 2011
Negative Endoscopy August 2011
Positive Endoscopy February 23, 2012
Celiac Diagnosis February 23, 2012
Gluten Free since February 24, 2012


Shari

#7 1974girl

 
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Posted 16 August 2012 - 01:11 PM

Would it be wrong for someone to order it for you and you pay them back? It doesn't allow THEIR residents to order it.
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