Passing it on: should health care professionals be permitted to disclose patients' genetic information to their reproductive partners?
This article considers whether Australian law should permit health care professionals to disclose patients' genetic information to their reproductive partners without the patients' consent. The issue is addressed with reference to four genetic disorders (Huntington Disease, Familial Adenomatous Polyposis, Multiple Endocrine Neoplasia Type 2A and Cystic Fibrosis) which illustrate differences in inheritance traits and availability of effective treatments. The article explores the familial nature of these disorders and the notion that genetic information has implications which extend beyond the individual patient to third parties such as reproductive partners. It addresses the opinions of legal academics and regulatory bodies regarding the potential amendment of Australian laws to permit such disclosure. Ultimately, it is submitted that the application of current laws regarding medical information to the needs of genetics is unlikely to generate adequate results. To allow for a more appropriate response to this debate, health care professionals' duties to patients should be qualified when it concerns reproductive partners.
Bober
Agata
A
Faculty of Law, Monash University. bober_agata@yahoo.com.au
D011125:Adenomatous Polyposis Coli / Q000235:genetics; D001315:Australia; D003219:Confidentiality / Q000331:legislation & jurisprudence*; D016358:Contact Tracing / Q000331:legislation & jurisprudence*; D003550:Cystic Fibrosis / Q000235:genetics; D030881:Disclosure / Q000331:legislation & jurisprudence*; D030342:Genetic Diseases, Inborn / Q000235:genetics*; D020022:Genetic Predisposition to Disease; D005820:Genetic Testing; D006282:Health Personnel / Q000331:legislation & jurisprudence*; D006801:Humans; D006816:Huntington Disease / Q000235:genetics; D018813:Multiple Endocrine Neoplasia Type 2a / Q000235:genetics; D012747:Sexual Partners