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Palliative Care Bill


 

Palliative Care Bill

 

 
 

Contents

1   

Right to choose where to receive palliative care

2   

Guidance relating to financial arrangements

3   

Interpretation

4   

Expenses

5   

Short title, commencement and extent

 

Bill 20                                                                                                 

54/4

 
 

Palliative Care Bill

1

 

A

Bill

To

Confer on patients a right to choose where to receive palliative care; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Right to choose where to receive palliative care

(1)   

A patient “P” may make a request to a medical practitioner specifying that P

would prefer to receive palliative care in—

(a)   

an NHS hospital,

(b)   

a hospice, a care home, or in hospital accommodation for persons

5

suffering from terminal illnesses, or

(c)   

P’s own home or the home of another named individual.

(2)   

A medical practitioner receiving a request under subsection (1) must submit it

to the appropriate authority.

(3)   

The appropriate authority under subsection (2) shall be such NHS body as the

10

Secretary of State may specify by regulations and different NHS bodies may be

so specified in relation to different circumstances.

(4)   

The appropriate authority must take all reasonable steps to meet requests

made under this section, whilst also taking into account the needs of other

patients.

15

(5)   

Regulations made under this section must make provision about—

(a)   

standards of palliative care that are to be provided in each location

mentioned in subsection (1),

(b)   

responsibilities for the provision of palliative care under this section,

including but not confined to, specialist palliative care services, and

20

(c)   

arrangements for co-operation between—

(i)   

NHS bodies,

(ii)   

social services,

(iii)   

local authority service providers,

 

Bill 20                                                                                                 

54/4

 
 

Palliative Care Bill

2

 

(iv)   

voluntary organisations providing palliative care, and

(v)   

other relevant organisations,

   

in the provision of palliative care.

(6)   

Regulations made under this section shall be made by statutory instrument.

(7)   

A statutory instrument containing regulations made under this section shall be

5

subject to annulment in pursuance of a resolution of either House of

Parliament.

2       

Guidance relating to financial arrangements

(1)   

The Secretary of State must issue guidance on financial arrangements

connected to the provision of palliative care under section 1.

10

(2)   

Such guidance may include provision about the transfer of funds between local

authorities, NHS bodies and voluntary organisations providing palliative care.

(3)   

The objective of the guidance issued under this section shall be to provide,

wherever reasonably practicable, for the transfer of funding necessary to

facilitate the provision of palliative care in accordance with a patient’s request

15

made under section 1(1).

3       

Interpretation

In this Act—

“palliative care” means care given with the intention of improving the

quality of life of persons with a terminal illness—

20

(a)   

treatment which controls and relieves pain, distress, discomfort

or other symptoms caused by, related to or coincidental with a

terminal illness, and

(b)   

psychological, social and spiritual help and support;

“specialist in palliative care” means a nursing practitioner or other health

25

care professional whose skills and competencies have reached

standards set by the relevant professional body, and includes

specialists in palliative medicine;

“specialist in palliative medicine” means a medical practitioner who is on

the relevant specialist register;

30

“terminal illness” means an illness, disease or condition which—

(a)   

is inevitably progressive and fatal, and

(b)   

the progress of which cannot be reversed by treatment;

“NHS bodies” includes—

(a)   

a Strategic Health Authority,

35

(b)   

a Primary Care Trust,

(c)   

an NHS Trust,

(d)   

a Special Health Authority,

(e)   

and NHS Foundation Trust.

4       

Expenses

40

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

 
 

Palliative Care Bill

3

 

(b)   

any increase attributable to this Act in the sums payable under any other Act

out of money so provided.

5       

Short title, commencement and extent

(1)   

This Act may be cited as the Palliative Care Act 2009.

(2)   

This Act comes into force six months after the day on which it is passed.

5

(3)   

This Act extends to England only.

 
 

 

Palliative Care Bill

 
 

A

Bill

To Confer on patients a right to choose where to receive palliative care; and for

connected purposes. 

 

Presented by Mrs Caroline Spelman

 
 

supported by

 
 

Mrs Cheryl Gillan, Mrs Jacqui Lait,

 
 

Mr Frank Field, Anne Main, Mr David Amess,

 
 

Mr Gary Streeter, Mr David Burrowes,

 
 

Steve Webb, Alistair Burt, Jim Dobbin and

 
 

Andrewe Selous.

 
 

Ordered, by The House of Commons,

 
 

to be Printed, 21 January 2009.

 
 

© Parliamentary copyright House of Commons 2009

 

Applications for reproduction should be made in writing to the Information Policy Team,

 

Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU

 


 

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