|
| |
|
| |
| |
| |
| |
Confer on patients a right to choose where to receive palliative care; and for |
| |
| |
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— |
| |
| |
(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 |
| |
| 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— |
| |
| |
| |
(iii) | local authority service providers, |
| |
|
| |
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
| |
“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 |
| |
| |
(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; |
| |
| |
(a) | a Strategic Health Authority, |
| 35 |
(b) | a Primary Care Trust, |
| |
| |
(d) | a Special Health Authority, |
| |
(e) | and NHS Foundation Trust. |
| |
| 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 |
| |
| |
|
| |
|
|
| |
|
| |
| |
To Confer on patients a right to choose where to receive palliative care; and for |
| |
| |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | 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
|
| |
| |
PUBLISHED BY AUTHORITY OF THE House of Commons
|
| |
LONDON — THE STATIONERY OFFICE LIMITED
|
| |
Printed in the United Kingdom by
|
| |
The Stationery Office Limited
|
| |
| |
| |
| |
|