BRCA Genetic Testing: Confidentiality and Result Disclosure
The associated person cannot receive the patient's BRCA test results without the patient's explicit written authorization, as genetic testing requires informed consent and results are protected health information that can only be disclosed to individuals specifically authorized by the patient. 1
Informed Consent and Confidentiality Requirements
All major professional societies mandate that BRCA genetic testing must be voluntary and requires informed consent from the patient or legal proxy before testing occurs. 1
- The American Society of Clinical Oncology explicitly requires both pretest and posttest counseling as part of the testing process 1
- The National Society of Genetic Counselors stipulates that testing must be voluntary and the individual seeking testing must provide informed consent 1
- The European Society for Medical Oncology requires that all patients complete informed consent and genetic counseling before BRCA testing 1
Handling the Associated Person's Request
You must speak directly with the patient to obtain her explicit permission before disclosing any genetic test results to the associated person. 1
Immediate Steps:
- Do not disclose any results to the associated person without the patient's written authorization 1
- Privately inform the patient that her associated person has requested the results 1
- Ask the patient directly whether she wishes to share her results with this individual 1
- Document the patient's decision in the medical record 1
If Patient Authorizes Disclosure:
- Obtain written authorization specifying what information can be shared and with whom 1
- Ensure the authorization complies with HIPAA requirements 1
- Provide results in the context of appropriate genetic counseling 1
If Patient Declines or Is Uncertain:
- Respect the patient's autonomy and do not disclose results 1
- Explain to the associated person that you cannot share medical information without patient authorization 1
- Offer to facilitate a conversation between the patient and associated person if the patient desires 1
Clinical Context for BRCA Testing in Breast Cancer Patients
This patient with a history of breast cancer meets criteria for BRCA testing, as personal history of breast cancer is an established indication for genetic evaluation. 2, 3
Testing Indications Met:
- Personal history of breast cancer qualifies for BRCA testing regardless of age if combined with family history 2
- Breast cancer diagnosed at age ≤45 years is an independent criterion 2
- Triple-negative breast cancer diagnosed before age 50 is an indication 2
Required Counseling Components:
Genetic counseling must address specific elements before and after testing: 1
- Risks, benefits, and limitations of genetic testing 1
- Implications of both positive and negative results 1
- Potential psychological impact 1
- Privacy and discrimination concerns 2
- Impact on family members and cascade testing implications 1
Family Communication Considerations
While family members may have legitimate interest in results due to hereditary implications, the decision to share information rests solely with the patient. 1
If Patient Tests Positive:
- The European Society for Medical Oncology recommends that mutation carriers be encouraged to advise close family members to obtain genetic counseling 1
- This is a recommendation to encourage, not a requirement to disclose 1
- The patient controls the timing and manner of family disclosure 1
Cascade Testing:
- First- and second-degree relatives of mutation carriers should be offered genetic counseling 2
- Testing of relatives should begin with affected family members when possible 2
- Relatives can pursue independent genetic counseling without knowing the patient's specific results 2
Common Pitfalls to Avoid
Never assume that family relationships automatically grant access to genetic information. 1
- Even spouses, parents, or adult children require explicit patient authorization 1
- "Associated person" status does not override confidentiality requirements 1
- Well-meaning disclosure to family members without consent violates both ethical and legal standards 1
Do not conflate the patient's potential obligation to inform family members about hereditary risk with your obligation to maintain confidentiality. 1
- The patient may choose to inform relatives, but you cannot make that decision for her 1
- Genetic counseling should address family communication, but disclosure remains the patient's choice 1
Management Implications of BRCA Results
If the patient tests positive for a BRCA mutation, she faces significantly elevated cancer risks that require specific management: 1, 4
Breast Cancer Risk:
- BRCA1 carriers: 65-80% lifetime breast cancer risk 1
- BRCA2 carriers: 45-85% lifetime breast cancer risk 1
- Contralateral breast cancer risk is substantially elevated 1
Ovarian Cancer Risk:
- BRCA1 carriers: 37-62% lifetime ovarian cancer risk (48.3% by age 70) 1, 4
- BRCA2 carriers: 11-23% lifetime ovarian cancer risk (20.0% by age 70) 1, 4
Risk-Reduction Options:
- Enhanced surveillance with annual mammography and MRI starting at age 25-30 1
- Risk-reducing bilateral mastectomy (most effective strategy for breast cancer risk reduction) 1
- Risk-reducing bilateral salpingo-oophorectomy (reduces both ovarian and breast cancer risk) 1
- Chemoprevention options including tamoxifen 1