|
|
|
|
A
|
|
Bill
|
|
[AS AMENDED ON REPORT]
|
|
To
|
|
Prohibit
the withdrawal or withholding of sustenance with the intention of
|
|
causing the death of a patient.
|
|
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 Offence
|
|
(1) It
shall be unlawful for any person responsible for the care of a patient
to
|
|
withdraw or withhold sustenance from
the patient if his purpose in doing so is
|
|
to hasten or otherwise cause the death
of the patient.
|
|
(2) If
the consultant in charge reaches a decision to withhold or withdraw
|
5
|
sustenance, he must record the reasons
for so doing in the patient’s notes.
|
|
(3) In
this Act—
|
|
“patient”
means a person suffering from mental or physical illness or
|
|
debility;
|
|
“sustenance”
means the provision of nutrition and hydration, however so
|
10
|
delivered.
|
|
2 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—
|
15
|
(a) requests
the withdrawing or withholding of sustenance; or
|
|
(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
|
5
|
(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.
|
10
|
3 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.
|
|
4 Short
title, commencement and extent
|
|
(1) This
Act may be cited as the Patients’ Protection Act 2003.
|
15
|
(2) This
Act shall come into force at the end of one month beginning with the day
|
|
on which this Act is passed.
|
|
(3) This
Act extends to England, Wales and Northern Ireland only.
|
|
|
|
|