Signed and Ratified
 Patient Rights in Portugal

Right to Informed Consent

Right to Information about his or her Health
Rights regarding the Medical File
Right to Privacy
Right to Complain and to Compensation
 
Rights of Users of Genetic Services

 

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Genetic testing in Portugal is governed by specific legislation: the Law n°12/2005 of 26 January 2005 . However, genetic testing is also covered by the general principles of medical law. This is provided for in article 9 §1 of the Law n° 12/2005: “Genetic diagnostic or pharmacogenetic testing must follow the general principles that regulate all other health care interventions or services”. Consequently, the regulations on patient rights are mutatis mutandis applicable as rights of users of genetic services.
The Law 12/2005 of 26 January 2005 regulates the use, storage, property and circulation of genetic information and of biological samples, both for testing and research purposes.
So far, no legislation was adopted concerning the use of genetic testing and genetic information in private life and/or health insurance.
This Act does not contain a general definition of a ‘genetic test’. Article 10 makes a distinction between four types of genetic tests: heterozygosity testing, presymptomatic testing, predictive testing and prenatal testing. Every type of testing has some how its own regulation.

For more information about the rights of users of genetic services click here.

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