Forensic Genetics

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With the exception of genetic information (or material) collected under the jurisdiction of a coroner, medical examiner, or other medical legal officer, the release of genetic information from a physician’s records without the patient’s informed consent constitutes a breach of confidentiality. However, under limited circumstances with overriding legal and social considerations, all physicians may disclose such information to the criminal justice system.

Physicians from whom genetic information is sought for purposes of criminal justice:

May ethically carry out DNA analysis on stored tissue samples or release genetic information without the consent of a living or deceased patient (or the patient’s authorized surrogate) in response to a warrant or court order.
Should release only the minimum information necessary for the specific purpose.
Should not be required to provide genetic information when:
1. a suspect whose location is known refuses to provide a tissue sample for genetic analysis; or
2. a tissue sample for the suspect can be obtained from other sources (such as the body of a deceased suspect).
Should decline to participate in the use of information from a genetic database created exclusively for criminal justice for any purpose other than identification.

AMA Principles of Medical Ethics: III, IV

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Related Opinions

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Opinion 1.2.6

Work-Related & Independent Medical Examinations

Industry-employed physicians or independent medical examiners establish limited patient-physician relationships. Their relationships with patients are confined to the isolated examination; they do not monitor patients’ health over time, treat them, or carry out many other duties fulfilled by physicians in the traditional fiduciary role.

Opinion 2.2.1

Pediatric Decision Making

In giving or withholding permission for medical treatment for their children, parents/guardians are expected to safeguard their children’s physical health and well-being and to nurture their children’s developing personhood and autonomy; Physicians should evaluate minor patients to determine if they can understand the risks and benefits of proposed treatment; The more mature a minor patient is, the better able to understand what a decision will mean, and the more clearly the child can communicate preferences, the stronger the ethical obligation to seek minor patients’ assent to treatment.

Opinion 3.2.1

Confidentiality

Physicians have an ethical obligation to preserve the confidentiality of information gathered in association with the care of the patient. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed.