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Confer on patients a right to choose where to receive palliative care; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Right to choose where to receive palliative care |
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(1) | A patient “P” may make a request to a medical practitioner specifying that P |
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would prefer to receive palliative care in— |
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(b) | a hospice, a care home, or in hospital accommodation for persons |
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suffering from terminal illnesses, or |
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(c) | P’s own home or the home of another named individual. |
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(2) | A medical practitioner receiving a request under subsection (1) must submit it |
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to the appropriate authority. |
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(3) | The appropriate authority under subsection (2) shall be such NHS body as the |
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Secretary of State may specify by regulations and different NHS bodies may be |
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so specified in relation to different circumstances. |
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(4) | The appropriate authority must take all reasonable steps to meet requests |
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made under this section, whilst also taking into account the needs of other |
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(5) | Regulations made under this section must make provision about— |
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(a) | standards of palliative care that are to be provided in each location |
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mentioned in subsection (1), |
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(b) | responsibilities for the provision of palliative care under this section, |
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including but not confined to, specialist palliative care services, and |
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(c) | arrangements for co-operation between— |
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(iii) | local authority service providers, |
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(iv) | voluntary organisations providing palliative care, and |
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(v) | other relevant organisations, |
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| in the provision of palliative care. |
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(6) | Regulations made under this section shall be made by statutory instrument. |
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(7) | A statutory instrument containing regulations made under this section shall be |
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subject to annulment in pursuance of a resolution of either House of |
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2 | Guidance relating to financial arrangements |
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(1) | The Secretary of State must issue guidance on financial arrangements |
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connected to the provision of palliative care under section 1. |
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(2) | Such guidance may include provision about the transfer of funds between local |
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authorities, NHS bodies and voluntary organisations providing palliative care. |
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(3) | The objective of the guidance issued under this section shall be to provide, |
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wherever reasonably practicable, for the transfer of funding necessary to |
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facilitate the provision of palliative care in accordance with a patient’s request |
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“palliative care” means care given with the intention of improving the |
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quality of life of persons with a terminal illness— |
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(a) | treatment which controls and relieves pain, distress, discomfort |
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or other symptoms caused by, related to or coincidental with a |
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(b) | psychological, social and spiritual help and support; |
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“specialist in palliative care” means a nursing practitioner or other health |
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care professional whose skills and competencies have reached |
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standards set by the relevant professional body, and includes |
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specialists in palliative medicine; |
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“specialist in palliative medicine” means a medical practitioner who is on |
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the relevant specialist register; |
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“terminal illness” means an illness, disease or condition which— |
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(a) | is inevitably progressive and fatal, and |
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(b) | the progress of which cannot be reversed by treatment; |
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(a) | a Strategic Health Authority, |
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(b) | a Primary Care Trust, |
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(d) | a Special Health Authority, |
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(e) | and NHS Foundation Trust. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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To Confer on patients a right to choose where to receive palliative care; and for |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | | to be Printed, 21 January 2009. |
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© Parliamentary copyright House of Commons 2009
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Applications for reproduction should be made in writing to the Information Policy Team,
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Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU
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PUBLISHED BY AUTHORITY OF THE House of Commons
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LONDON — THE STATIONERY OFFICE LIMITED
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Printed in the United Kingdom by
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The Stationery Office Limited
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