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“Genetic information is the health information that deals with the hereditary characteristics of one or more persons, who are related or who have common characteristics of the genetic type, excluding, for the purposes of the present definition, the information obtained through blood relation tests or zygosity studies in twins, through studies of genetic identification for criminal purposes as well as the study of somatic genetic mutations in cancer.” This can be read in article 6, section 1.
This right is probably of all the patient rights the right that is regulated in the most extensive way in the Law 12/2005 of 26 January 2005 on personal genetic information and health information.
A special remark should be made about article 17, section 7. This section explicitly states:
“Physicians have the duty of informing the persons who consult them about the transmission mechanisms and about the risks that they imply for their relatives, as well as guiding the persons in question to a medical genetic consultation, which must be ensured in accordance with the regulatory legislation of the present law”.
Furthermore, the right to information also finds its application in the right to genetic councelling.
The regulations on genetic councelling can be found in article 9, section 2, 6, 7 and 8 and article 17, section 3.
Finally, according to Decree No. 9108/97 of the Minister of Health a genetic test is to be considered as a medical act. Consequently article 157 of the Criminal Code is also applicable. This article stipulates:
“For the purposes of the provision contained in the previous article, consent is only effective when the diagnosis and nature, range, magnitude and possible consequences of the intervention or treatment have been duly explained to the patient […]”.
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