Seeking legal opinion of Embryology Consultation.
The uncertainty of the position of an Embryology practitioner originates in the uncertainstatus of the human embryo.
The status of an Embryo before implantation is a highly debated issue with opponents taking equally radical positions: preimplantation embryo is a human being vs preimplantation embryo is a clump of cells (like any cells).
In the absence of the consensus on what is a human embryo the federal government (FDA) cannot create clear guidelines for embryology practice, even though it recently started applying FDA standards to embryology laboratory supplies.
Consequently, people who work with preimplantation embryos would have to be practicing medicine if an embryo is a human or be performing a technical job (perhaps diagnostic testing) if embryos are “clump of cells” (specimen).
ACE consensus position on human embryos, as you may remember, is that they should not be defined as humans or cells, but instead an appropriate set of regulation addressingunique properties of this stage of human development should be developed.(http://embcol.org/sites/default/files/Letter_to_California_final_09.25.10%20(1)_0.pdf)
At this time, the ambiguity of the status of an embryo creates very practical problems for embryology practitioners; one of them patient’s consultation.
Because embryology is without any doubts an area of highly specialized expertise, a qualified embryology practitioner is in the best position to speak with the patient about their embryos and they often do.
ACE is therefore seeking a legal guidance on the scope of the embryologist consultation and ability of clinics or embryologist to be monetary compensated for such consultations.
Here are the considerations:
Scope of embryology practice:
If qualified, an embryology practitioner can:
Determine whether an embryo is viable (i.e. has a reasonable chance to become a baby, once transferred into the uterus)
Decide which embryos are the most viable and assign them to the transfer or freezing
Select the optimal laboratory treatment modality (culture system choice, duration of culture etc) for the particular embryo or a cohort of embryos.
Extrapolate embryo development on possible reasons affecting embryo quality of the particular patient
Perform embryo biopsy to obtain a specimen for testing embryo chromosomal competency and alike.
Perform embryo freezing and thawing
Perform any other manipulations with the embryo that an embryology practitioner feels would improve
Discuss all the above with the patient