Chapter I: Procedures for implementing genetic characteristic tests and identifications by genetic fingerprinting and informing next of kin

Articles in this section · 12

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Article L1131-1-2

French Public Health CodeIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

When a person mentioned in 1° or 2° of Article L. 147-2 of the Code de l'action sociale et des familles is diagnosed with a genetic anomaly that may be responsible for a serious condition justifying preventive measures, including genetic counselling, or care, the prescribing doctor shall refer the matter to the Conseil national pour l'accès aux origines personnelles (National Council for Access to Personal Origins) mentioned in Article L. 147-1 of the same Code in order to identify, as appropriate, the person or persons mentioned in 2° of Article L. 147-2 of the said Code or the child mentioned in 1° of the same Article L. 147-2. 147-1 of the same code in order to identify, as appropriate, the person or persons mentioned in 2° of Article L. 147-2 of the said code or the child mentioned in 1° of the same Article L. 147-2.

In both cases, neither the genetic anomaly in question nor the risks associated with it are mentioned in this referral.

The National Council for Access to Personal Origins then informs the person thus identified, under conditions defined by decree to preserve the secrecy of this transmission, of the existence of medical information of a family nature likely to concern him or her and invites him or her to attend a consultation with a doctor qualified in genetics, without disclosing the name of the person who was the subject of the examination or any other information enabling this second person to be identified.

The council will provide the doctor consulted by the person thus informed with the details of the prescribing doctor so that the genetic anomaly in question can be communicated. No other information is transmitted on this occasion by the prescribing doctor.

In order to carry out its duties under this article, the National Council for Access to Personal Origins may use the registration number of persons in the National Register for the Identification of Natural Persons and consult this register. The conditions for such use and consultation are laid down by decree in the Conseil d'Etat, issued after consultation with the Commission nationale de l'informatique et des libertés.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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