Genetic counselling

(1) In the case of a diagnostic genetic examination, the physician responsible should, once the examination result is available, offer the person concerned genetic counselling by a physician satisfying the requirements under section 7(1) and (3). Where a genetic characteristic relevant to a disease or health disorder that, according to the generally recognised state of the art in science and technology, is not treatable is found in the person concerned, sentence 1 applies with the proviso that the physician responsible must offer the counselling.
(2) In the case of a predictive genetic examination, the person concerned must be given genetic counselling, before the genetic examination and once the examination result is available, by a physician satisfying the requirements under section 7(1) and (3), unless, in an individual case, they have waived genetic counselling in writing after having previously been informed in writing of the content of the counselling. The person concerned must be given a reasonable period for reflection after the counselling before the examination.
(3) Genetic counselling must be given in a generally comprehensible form and without a predetermined outcome. It must, in particular, include a thorough discussion of the possible medical, psychological and social questions connected with carrying out or not carrying out the genetic examination and its actual or possible examination results, as well as the possibilities of support for the person concerned in coping with physical and psychological burdens arising from the examination and its result. With the consent of the person concerned, a further expert may be consulted to assist in the counselling. Where it is to be assumed that persons genetically related to the person concerned carry the genetic characteristics to be examined that are relevant to an avoidable or treatable disease or health disorder, the genetic counselling must also include a recommendation that those relatives be advised to obtain genetic counselling. Where the genetic examination is to be carried out on an embryo or foetus, sentence 4 applies accordingly.
(4) The physician responsible, or the physician who offered or provided the counselling, must document the content of the counselling.