Every year the number of genetic conditions
which can be diagnosed by DNA analysis (hereafter
referred to as genetic diagnosis) is increasing,
which is broadly acknowledged as being useful
clinically. However, on the other hand,
already some problems have arisen, such as
the necessity for genetic counseling before
and after genetic diagnosis, and the storage
and handling of personal genetic information
and the sample materials obtained for the
purposes of genetic diagnosis. In addition
to the purpose of confirmation of known and
expressed diseases, genetic testing is also
performed for purposes of carrier detection,
presymptomatic diagnosis and prenatal diagnosis
in the counsellee and families, who may be
aymptomatic, based on the genetic information
obtained. Genetic testing can directly
determine the gene mutation responsible for
the disease, or can indirectly find the causative
genetic elements with high probability using
DNA polymorphism. When conducting
these diagnoses, appropriate methods must
be chosen, depending upon the disease, genetic
information, and the collected samples.
In genetic testing the human rights of the
person who is examined (henceforth called
the subject), and his/her family, must be
protected, and proper and appropriate genetic
testing should be promoted. In accordance
with these principles, and with the Japan
Society of Human Genetics "Guidelines
for Genetic Counseling and Prenatal Diagnosis"
of December 1994, we declare to pay special
attention to the following 12 articles in
the practice of genetic testing using DNA
analysis.
- There is variety of genetic mutation, phenotype,
prognosis, response to treatment, etc., within
the same genetic disease. Genetic testing
must take sufficient account of this variety.
- In the case of counseling prior to genetic
testing, the counselor must draw attention
to the provision of accurate information
concerning the purpose, method, accuracy,
and especially the unavoidable limitations
of testing to the subject, beyond ordinary
genetic counseling. In addition to
oral explanation, written disease-specific
information should be provided to ensure
no omissions.
- Genetic testing can only be performed after
obtaining informed consent from the subject.
The rights of the counsellee and family to
know and to refuse the test (both the right
not to know and the right to not want to
know) must be respected. Especially
for presymptomatic diagnosis of adult onset
genetic disease there need to be multiple
counseling sessions prior to any tests, and
the decision of the subject must be shown
to be the result of their own autonomous
decision making. For this case, counseling
by different counselors would be preferable.
- In the case when the decision is made by
a surrogate representative, because the subject
is judged to be unable to exercise autonomous
decision making, the decision for genetic
testing must be made protecting the best
interests of the subject.
- Even though a counsellee may desire genetic
testing, the doctor can refuse to provide
testing, if the request is against social
and ethical norms, or against their personal
principles.
- Genetic testing must be only performed using
established and practiced techniques.
In order to obtain accurate results, tests
may be performed by more than one laboratory
or organization. The laboratories or
organizations that are providing testing
services should be monitored according to
a minimum standard, and they should conduct
their own follow-up research and always strive
to improve accuracy of diagnosis.
- The results of testing must be determined
by multiple specialists who are sufficiently
knowledgeable in genetic analysis and who
are experts with the particular disease.
- The results of the genetic testing must be
explained in easily understandable language
to the subject. This must include the
prognosis for the subject, such as the relationship
between the mutant gene and disease condition.
Even if the testing was unsuccessful or the
result was inconsistent, the results must
be told to the subject.
- Under some circumstances the counselor may
consider it is preferable to tell the results
to the subject when they are accompanied
by a person whom the subject trusts rather
than on their own, and the counselor should
suggest this possibility to the subject.
The subject can terminate the analysis of
the sample at anytime, including in the middle
of the analysis, and they can also decide
not to know the results.
- Counseling after testing is essential, and
should be continued as long as it is understood
to be necessary.
- All personal identifying information obtained from genetic analysis must
be stored by the person who directly counseled, in accordance with their
obligation of confidentiality, and can not be told to another person.
In the case when the subject was understood not to have the ability for
decision making and a surrogate made the decision, the result must be only
told to that surrogate.However, if the sharing of information to another
specific person(family member at present or in the future) will avoid serious
injury to that person, it is necessary to seek the consent of the subject
to reveal that information, and even if agreement can not be obtained,
if it is judged necessary the obligation of confidentiality can be broken.
Such an exception must be following the judgment of the responsible ethics
committee, not by the counselor.
- The remainder of the samples obtained for
genetic testing can be stored for the future
benefit of subject and/or family. The
samples should not be used for purposes other
than the original one. The personal
information related to the samples is subject
to the obligation of confidentiality.
In the case that the sample may provide useful
information in the future on this or related
disease, written agreement from the subject
must be obtained after clearly explaining
that identifying personal information will
be deleted for such potential use.
|
Ichiro Matsuda MD
Kodo Saitoh MD
Kaoru Suzumori MD
Norio Niikawa MD
Yoshimitsu Fukushima MD
Norio Fujiki MD
Ichiro Matsui MD
Ichiro Kanazawa MD
Shoji Tsuji MD
Shiro Miwa MD |
|