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Assisted Dying for the Terminally Ill Bill [HL]


Assisted Dying for the Terminally Ill Bill [HL]

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8       

Psychiatric referral

(1)   

If in the opinion of either the attending or the consulting physician a patient

who wishes to make or has made a declaration may not be competent, the

attending physician shall refer the patient to a psychiatrist for a psychiatric

opinion.

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(2)   

No assistance to end that patient’s life may be given unless the psychiatrist has

determined that the patient is not suffering from a psychiatric or psychological

disorder causing impaired judgement, and that the patient is competent.

9       

Notification of next of kin

The attending physician shall recommend to the patient that the patient

10

notifies his next of kin of his request for assistance to die.

10      

Protection for physicians and other medical personnel

(1)   

A physician, acting in good faith, who assists a qualifying patient to die, or

attempts to do so, in accordance with the requirements of this Act, shall not be

guilty of an offence.

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(2)   

A member of a medical care team, acting in good faith, who helps a physician

to assist a qualifying patient to die, or to attempt to do so, in accordance with

what he reasonably believes to be the requirements of this Act, shall not be

guilty of an offence.

(3)   

A physician to whom subsection (1) applies or, as the case may be, a member

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of a medical care team to whom subsection (2) applies, shall be deemed not to

be in breach of any professional oath or affirmation.

(4)   

No physician, psychiatrist or member of a medical care team may take any part

whatsoever in assisting a qualifying patient to die, or in giving an opinion in

respect of such a patient, nor may any person act as a witness, if he has grounds

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for believing that he will benefit financially or in any other way as the result of

the death of that patient.

11      

Offences

(1)   

A person commits an offence if he wilfully falsifies or forges a declaration

made under section 4 with the intent or effect of causing the patient’s death. A

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person guilty of an offence under this subsection shall be liable, on conviction

on indictment, to imprisonment for life or for any shorter term.

(2)   

A witness commits an offence if he wilfully puts his name to a statement he

knows to be false. A person guilty of an offence under this subsection shall be

liable on conviction to imprisonment for a term not exceeding five years.

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(3)   

A person commits an offence if he wilfully conceals or destroys a declaration

made under section 4. A person guilty of an offence under this subsection shall

be liable on conviction to imprisonment for a term not exceeding five years.

(4)   

A physician, psychiatrist, member of a medical care team or witness commits

an offence if he contravenes the requirements of section 10(4). A person guilty

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of an offence under this subsection shall be liable on conviction to

imprisonment for a term not exceeding five years.

 

 

Assisted Dying for the Terminally Ill Bill [HL]

6

 

(5)   

No provision of this Act shall be taken to affect a person’s liability on

conviction to criminal penalties for conduct which is inconsistent with the

provisions of this Act.

12      

Insurance

No policy of insurance which has been in force for 12 months as at the date of

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the patient’s death shall be invalidated by reason of a doctor having assisted a

qualifying patient to die in accordance with this Act.

13      

Requirements as to documentation in medical records

(1)   

The attending physician shall ensure that the following are documented and

filed in the patient’s medical records—

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(a)   

all evidence, data and records which demonstrate that the qualifying

conditions required under sections 2, 3, 4 and 5 have been met;

(b)   

any oral or written requests by the patient for assistance to end his life;

(c)   

the declaration; and

(d)   

a note by the attending physician stating that he was satisfied, at the

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date and time of his having assisted the patient to die, that all

requirements under this Act had been met and indicating the steps

taken to carry out the declaration including the description and

quantity of the medication prescribed.

(2)   

The attending physician shall send a full copy of the file to the monitoring

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commission for the country or region concerned within seven days of the

qualifying patient having been assisted to die or of an attempt so to assist

having been made.

14      

Monitoring commission and reporting requirements

(1)   

There shall be established such number of monitoring commissions covering

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countries or regions forming part of Great Britain as the Secretary of State may

determine, to review the operation of this Act and to hold and monitor records

maintained pursuant to this Act.

(2)   

A monitoring commission shall consist of three members appointed by the

Secretary of State, of whom—

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(a)   

one shall be a registered medical practitioner;

(b)   

one shall be a legal practitioner; and

(c)   

one shall be a lay person having first hand knowledge or experience in

caring for a person with a terminal illness.

(3)   

If, in relation to a file sent to a monitoring commission in accordance with

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section 13(2), two of its members consider that the qualifying conditions have

not been met, they shall refer the matter to the district coroner or in Scotland to

the procurator fiscal for further investigation.

(4)   

A monitoring commission to which a file has been sent in accordance with

section 13(2) shall confirm to the attending physician concerned whether the

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qualifying conditions have been met as soon as reasonably possible after the

date of receiving such notification of the patient having been assisted to die

whether or not such assistance led to the patient’s death.

 

 

Assisted Dying for the Terminally Ill Bill [HL]

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(5)   

The Secretary of State shall publish an annual statistical report of information

collected under this section.

15      

Administration of drugs to patients suffering severe distress

A patient suffering from a terminal illness shall be entitled to request and

receive such medication as may be necessary to keep him free as far as possible

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from pain and distress.

16      

Power to make regulations

(1)   

The Secretary of State may make regulations under this Act—

(a)   

to ensure the intent of this Act is carried out;

(b)   

determining classes of persons who may or may not witness a

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declaration made under section 4;

(c)   

regulating the custody of records and the collection of information

regarding the operation of this Act; and

(d)   

making provision about appointments to and the operation of the

monitoring commissions.

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(2)   

The power to make regulations under this Act is exercisable by statutory

instrument.

(3)   

No statutory instrument may be made under this Act unless a draft of the

instrument has been laid before, and approved by a resolution of, each House

of Parliament.

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17      

Short title and extent

(1)   

This Act may be cited as the Assisted Dying for the Terminally Ill Act 2004.

(2)   

This Act does not extend to Northern Ireland.

 

 

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Assisted Dying for the Terminally Ill Bill [HL]
Schedule — Form of declaration

 

Schedule

Section 1

 

Form of declaration

Declaration made ___________ 20__

b y [____________________]

o  f [____________________]

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I, ____________________, am an adult of sound mind who has been resident

in Great Britain for at least twelve months as at the date of this declaration.

           

I am suffering from ____________________, which my attending physician,

Dr ____________________, has determined is a terminal illness and which

has been confirmed by a consulting physician, Dr ____________________.

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I have been fully informed of my diagnosis, prognosis, the process of being

assisted to die, and the alternatives, including palliative care, care in a

hospice and the control of pain.

           

I request that my attending physician assist me to die.

           

I make this request voluntarily and without reservation.

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Please delete as appropriate:

           

I have decided to inform / not to inform my family of my decision.

           

I understand that I have the right to revoke this declaration.

           

Signed: ____________________

           

Date: ______________________

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DECLARATION OF WITNESSES

           

I declare that I am a solicitor with a current practising certificate and that the

patient signing this request:

(a)   

is personally known to me or has proved his identity to me;

(b)   

signed or made his mark confirming that this was his request in my

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presence;

(c)   

appears to be of sound mind and to have made the declaration

voluntarily; and

(d)   

appears to understand the effect of the declaration.

           

_________________________ Witness 1

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Date

           

           

I declare that the person signing this request:

 

 

Assisted Dying for the Terminally Ill Bill [HL]
Schedule — Form of declaration

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(a)   

is personally known to me or has proved his identity to me;

(b)   

signed or made his mark confirming that this was his request in my

presence; and

(c)   

appears to be of sound mind and to have made the declaration

voluntarily.

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_________________________ Witness 2

           

Date

           

           

Notes

1.         

One of the witnesses must be a solicitor with a current practising

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certificate who has satisfied himself that the patient understands

the effect of the declaration.

2.         

The patient and witnesses shall sign and witness the declaration

respectively at the same time and each in the presence of the

others.

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3.         

The attending or consulting physician, psychiatrist or member of

the medical care team, or a relative or partner (by blood, marriage

or adoption) of the qualifying patient signing this request may not

be a witness.

4.         

No person who owns, operates or is employed at a health care

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establishment where the person is a patient or resident may be a

witness.

 

 

 
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Revised 9 January 2004