Medical Innovation Bill [HL]

Amendments
to be moved
in Committee

Clause 1

LORD SAATCHI

 

Page 1, line 3, leave out “reckless”

 

Page 1, line 4, leave out “to decide”

 

Page 1, line 5, after “accepted” insert “medical”

 

Page 1, line 5, leave out from “decision” to end of line 7 and insert “to do so is taken
responsibly.”

 

Page 1, line 8, leave out subsection (3) and insert—

“(3)     For the purposes of taking a responsible decision to depart from the
existing range of accepted medical treatments for a condition, the doctor
must in particular—

(a)   obtain the views of one or more appropriately qualified doctors in
relation to the proposed treatment,

(b)   take full account of the views obtained under paragraph (a) (and do
so in a way in which any responsible doctor would be expected to
take account of such views),

(c)   obtain any consents required by law to the carrying out of the
proposed treatment,

(d)   consider—

(i)   any opinions or requests expressed by or in relation to the
patient,

(ii)   the risks and benefits that are, or can reasonably be expected
to be, associated with the proposed treatment, the
treatments that fall within the existing range of accepted
medical treatments for the condition, and not carrying out
any of those treatments, and

(iii)   any other matter that it is necessary for the doctor to
consider in order to reach a clinical judgement, and

(e)   take such other steps as are necessary to secure that the decision is
made in a way which is accountable and transparent.”

 

Page 1, line 18, at end insert—

“( )     For the purposes of subsection (3)(a), a doctor is appropriately qualified if
he or she has appropriate expertise and experience in dealing with patients
with the condition in question.”

 

Page 1, line 20, leave out “administer” and insert “carry out”

 

Page 1, line 22, leave out paragraph (b)

 

Page 1, line 25, leave out “section” and insert “Act”

 

Page 2, line 1, leave out from “a” to end of line 2 and insert “registered medical
practitioner;”

 

Page 2, line 3, leave out paragraph (b)

After Clause 1

LORD SAATCHI

 

Insert the following new Clause—

“Effect on existing law

(1)     Nothing in section 1 affects any rule of the common law to the effect that a
departure from the existing range of accepted medical treatments for a
condition is not negligent if supported by a responsible body of medical
opinion.

(2)     Accordingly—

(a)   where a doctor departs from the existing range of accepted medical
treatments for a condition, it is for the doctor to decide whether to
do so in accordance with section 1 or in reliance on any rule of the
common law referred to in subsection (1);

(b)   a departure from the existing range of accepted medical treatments
for a condition is not negligent merely because the decision to
depart from that range of treatments was taken otherwise than in
accordance with section 1.”

Clause 2

LORD SAATCHI

 

Page 2, line 9, at end insert—

“(1A)    Sections 1 and (Effect on existing law) come into force on such day or days as
the Secretary of State may by regulations made by statutory instrument
appoint.

(1B)    Regulations under subsection (1A) may—

(a)   appoint different days for different purposes;

(b)   make transitional or saving provision.”

 

Page 2, line 10, leave out “Act” and insert “section”

Prepared 9th September 2014