French Public Health Code
In forceI. - Prior to the prescription, under the conditions laid down in
Article R. 1131-5,of an examination of genetic characteristics likely to identify a genetic anomaly which may be responsible for a serious condition justifying preventive measures, including genetic counselling, or care, the prescribing doctor shall inform the person that, if the diagnosis of this anomaly is confirmed, he or she is obliged to inform the members of his or her family who may be concerned and whose contact details he or she or, where applicable, his or her legal representative has or can reasonably obtain.
In accordance with the provisions of article L. 1131-1-2, this doctor also informs the person that, in the event that the latter expresses in writing his wish to be kept in ignorance of the diagnosis or does not wish to inform all or some of the interested parties himself, he may authorise him to provide this information under the conditions laid down by law and by this sub-section.
This doctor shall also inform the patient of the consequences of any refusal on his part to pass on the information, either himself or through his intermediary, to the members of his family who may be concerned, under the conditions laid down in article L. 1131-1-2.
When there is a strong likelihood that the only purpose of informing relatives will be genetic counselling given in the context of a parental project, the doctor initially envisaged as prescribing the treatment will refer the person to a doctor working as part of a multidisciplinary team mentioned in the second paragraph of article R. 1131-5. In these circumstances, the prescribing physician is responsible for ordering the examination of genetic characteristics and implementing the procedure for informing relatives as provided for in this sub-section.
II - When drawing up the written information document referred to in the first paragraph of article L. 1131-1-2, the purpose of which is to define the purpose and procedures for informing family members, the prescribing doctor will determine, on the basis of the medical information available to him at this stage and in accordance with the good practice defined by article R. 1131-20-5, the categories of family members potentially concerned by the information, having regard to the family relationship with the person and the nature of the anomaly being sought.
III - If the person expresses the wish to inform all or some of the interested parties themselves, the prescribing doctor will mention this information in the medical record and specify the identity of the third parties who will be informed directly by the person. In addition to producing the written document referred to in the previous paragraph, the doctor may, at the person's request and in accordance with the good practices defined by article R. 1131-20-5, propose support measures relating to the preparation and delivery of the information to the members of the family potentially concerned, designated by the person.
IV - If the person expresses their wish not to inform all or some of those concerned themselves, or has expressed in writing their wish to be kept in the dark about the diagnosis, they must indicate in writing to the prescribing doctor whether they consent to the information being provided through the doctor to the members of their family who may be concerned and whom they do not wish to inform themselves under the conditions set out in the fourth paragraph of article L. 1131-1-2.
When this written request is made, the prescribing doctor acknowledges receipt. It must be accompanied by the contact details of previously identified family members whom the person does not wish to inform personally.
V. - In the absence of such a request, the doctor will note the person's refusal in the medical record.
VI - When the person informs the doctor that he/she has changed his/her mind about how information should be passed on to his/her relatives, the doctor will note this in the medical record and, where appropriate, will implement the procedure requested by the person.
