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Affiliation(s)

1. School of Law, University of Papua New Guinea, Waigani. National Capital District, Papua New Guinea
2. Supreme & National Courts of Papua New Guinea, Waigani. National Capital District, Papua New Guinea

ABSTRACT

The ethical debate surrounding disclosure of genetic information to family members has received ample ethical attention in recent years. Genetic information is often perceived as requiring unique ethical and legal attention because it is predictive, has the potential to be used in harmful ways (to stigmatize and discriminate), and not only has implications for the patient but also for biological kin. Genetic information allows inferences to be drawn about individuals other than the individual to whom the information most directly relates, most importantly about the individual’s blood genetic relatives. The information about one person may be relevant to the clinical treatment of that person’s genetic relatives. This brings up the questions about how the individual patients and health care workers, including medical staff and genetic councilors, should collect and deal with genetic information about genetic relatives derived in the course of diagnosis, treatment or counseling. The collection and disclosure of family genetic information, and rights of access to such information, are also central to the operation of genetics registers and to the conduct of genetic counseling. The quality of medical records created in a health setting depends largely on the individuals making entries. Health professionalsmedical, nursing, and other personnel, as well as students and others who write in patient records, must understand the importance of creating legible, complete, and accurate records and the legal and medical implications of failing to do so. This article offers a review of these recent contributions, preceded by a description of the relevant legal context.

KEYWORDS

Constitutional right to privacy, genetic information, diagnosis, treatment, counseling, legal implication.

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