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Amendments to the Patients' Protection Bill [HL]

Patients' Protection Bill [HL]



After Clause 1



Insert the following new Clause—
  "Exceptions to section 1
(1)  No offence will have been committed under section 1(1) if any of the requirements in subsections (2) and (3) below are met.
(2)  The patient—
(a)  requests the withdrawing or withholding of sustenance;
(b)  does not give consent to the provision of sustenance; or
(c)  does not give consent to the recommended intervention to provide sustenance.
(3)  In the case of a patient who lacks capacity to consent, consultation by the doctor in charge with the next of kin or legally appointed representative has taken place, and the provision of sustenance—
(a)  is likely to cause significant discomfort to the patient without improvement in his condition, or worsen his illness or debility; or
(b)  is likely to result in no improvement in the illness or debility of a dying patient.
(4)  For the purposes of subsection (3) a patient lacks capacity if he is unable to understand in broad terms the nature and effect of the decision to withdraw or withhold sustenance."
Insert the following new Clause—
  "Duty of care
  There shall be a general duty on all those providing nursing care for a patient to offer appropriate sustenance to the patient."

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2 July 2003