What is the unlawful use of DNA?
In 2021 the Florida legislature passed a law (House Bill 833) that makes it unlawful to collect tissue for DNA testing without the “express consent” of the patient. It is also unlawful to share the results of DNA testing without consent. We applaud the patient protection this law was intended to offer. This law applies to physicians, but exempts the state and federal governments.
What is DNA and why is it important?
DNA stands for deoxyribonucleic acid, which is the chemical name for the blueprint or road map each of your cells contain. Your unique DNA defines who you are and what medical conditions you either currently have or are predisposed to having in the future. This information is important for your doctor to care for you. However, because this information is personal, the results of DNA testing must be protected against misuse.
What type of DNA information is included in this law?
This new law includes many different situations. For example, it may be obvious that tissue samples (including saliva or cheek swabs) may be sent to a laboratory specifically for DNA analysis (as in retinitis pigmentosa) to identify medical conditions that require diagnosis and treatment for the benefit of the patient. However, the law also includes testing for tissue proteins that reveal part of the underlying DNA blueprint of your cells. For example, HLA testing is often performed to diagnose the cause of inflammation in the eyes. HLA markers are not DNA, but are proteins on the cell surface that are used to identify patients at risk for certain medical conditions.
How does this law impact you and your doctor?
We wish to comply with the new law and protect your privacy. As such, when you register as a new patient, we may ask for your express consent to share your DNA information obtained either in our office or received from another office or laboratory. We only share personal health information with your doctors or anyone else you specify. We will also ask for your express consent before collecting tissue for DNA tests.
For a telemedicine consultation with Dr Pautler, please send email request to spautler@rvaf.com. We accept Medicare and most insurances in Florida. Please include contact information (including phone number) in the email. We are unable to provide consultation for those living outside the state of Florida with the exception of limited one-time consultations with residents of the following states: Alabama, Arkansas, Connecticut, Georgia, Minnesota, and Washington.