French Public Health Code
In forceI.-Prior to carrying out an examination of a person's genetic characteristics, the prescribing doctor shall inform the person of the risks that silence would entail for the members of his or her family potentially concerned if a genetic anomaly were diagnosed which could be responsible for a serious condition justifying preventive measures, including genetic counselling, or care. In a written document, which may be supplemented after the diagnosis if necessary, the doctor and the person concerned agree on the details of the information to be given to the family members potentially concerned in order to prepare for any possible transmission. If the person has expressed a wish in writing to be kept in ignorance of the diagnosis, he/she may authorise the prescribing doctor to proceed with informing the interested parties under the conditions laid down in II.
In the event of the diagnosis of a genetic anomaly which may be responsible for a serious condition, unless the person has expressed a wish in writing to be kept in ignorance of the diagnosis, the medical information communicated is summarised in a document drafted fairly, clearly and appropriately, which is signed and given to this person by the doctor. The person concerned certifies that he/she has received this document. When the diagnosis is announced, the doctor informs the person of the existence of one or more patient associations that may be able to provide further information on the genetic anomaly diagnosed. If the person so requests, he or she will be given a list of the associations approved in application of article L. 1114-1.
The person must inform the members of his or her family who may be affected, whose contact details he or she or, where applicable, his or her legal representative has or can obtain, as soon as preventive measures or care may be offered to them. The person or, where applicable, his/her legal representative will inform the persons contacted of the contact details of the prescribing doctor.
II.-If the person does not wish to inform the members of his/her family who may be affected, he/she may request the prescribing doctor, in writing and attesting to this request, to provide this information. To this end, the patient provides the doctor with the contact details of those concerned. The doctor shall then inform the persons concerned of the existence of medical information of a family nature which may concern them and invite them to attend a consultation with a doctor qualified in genetics, without disclosing to them the name of the person who has undergone the examination, the genetic anomaly or the risks associated with it.
III.-If the person is the subject of a legal protection measure with representation in relation to the person or is unable to express his or her wishes and the examination is carried out in his or her interest pursuant to article L. 1130-3, the doctor shall inform the family members potentially concerned, whose contact details he or she has, under the conditions laid down in II of this article.
IV. -If the person dies before the result is announced or before he has been able to inform the members of his family who may be concerned, the doctor will inform those family members whose contact details he has, in accordance with the conditions laid down in II of this article, unless the person had previously objected to being informed of the result or if he had previously objected to the members of his family who may be concerned receiving this information.
V.- In all cases, the doctor qualified in genetics consulted by the relative is informed by the prescribing doctor of the genetic anomaly in question.
