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(1) | If in the opinion of either the attending or the consulting physician a patient |
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who wishes to make or has made a declaration may not be competent, the |
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attending physician shall refer the patient to a psychiatrist for a psychiatric |
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(2) | No assistance to end that patient’s life may be given unless the psychiatrist has |
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determined that the patient is not suffering from a psychiatric or psychological |
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disorder causing impaired judgement, and that the patient is competent. |
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9 | Notification of next of kin |
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The attending physician shall recommend to the patient that the patient |
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notifies his next of kin of his request for assistance to die. |
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10 | Protection for physicians and other medical personnel |
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(1) | A physician, acting in good faith, who assists a qualifying patient to die, or |
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attempts to do so, in accordance with the requirements of this Act, shall not be |
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(2) | A member of a medical care team, acting in good faith, who helps a physician |
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to assist a qualifying patient to die, or to attempt to do so, in accordance with |
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what he reasonably believes to be the requirements of this Act, shall not be |
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(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 |
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be in breach of any professional oath or affirmation. |
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(4) | No physician, psychiatrist or member of a medical care team may take any part |
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whatsoever in assisting a qualifying patient to die, or in giving an opinion in |
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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 |
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the death of that patient. |
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(1) | A person commits an offence if he wilfully falsifies or forges a declaration |
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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 |
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on indictment, to imprisonment for life or for any shorter term. |
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(2) | A witness commits an offence if he wilfully puts his name to a statement he |
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knows to be false. A person guilty of an offence under this subsection shall be |
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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 |
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made under section 4. A person guilty of an offence under this subsection shall |
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be liable on conviction to imprisonment for a term not exceeding five years. |
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(4) | A physician, psychiatrist, member of a medical care team or witness commits |
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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 |
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imprisonment for a term not exceeding five years. |
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(5) | No provision of this Act shall be taken to affect a person’s liability on |
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conviction to criminal penalties for conduct which is inconsistent with the |
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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 |
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qualifying patient to die in accordance with this Act. |
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13 | Requirements as to documentation in medical records |
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(1) | The attending physician shall ensure that the following are documented and |
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filed in the patient’s medical records— |
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(a) | all evidence, data and records which demonstrate that the qualifying |
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conditions required under sections 2, 3, 4 and 5 have been met; |
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(b) | any oral or written requests by the patient for assistance to end his life; |
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(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 |
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requirements under this Act had been met and indicating the steps |
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taken to carry out the declaration including the description and |
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quantity of the medication prescribed. |
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(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 |
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qualifying patient having been assisted to die or of an attempt so to assist |
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14 | Monitoring commission and reporting requirements |
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(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 |
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determine, to review the operation of this Act and to hold and monitor records |
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maintained pursuant to this Act. |
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(2) | A monitoring commission shall consist of three members appointed by the |
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Secretary of State, of whom— |
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(a) | one shall be a registered medical practitioner; |
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(b) | one shall be a legal practitioner; and |
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(c) | one shall be a lay person having first hand knowledge or experience in |
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caring for a person with a terminal illness. |
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(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 |
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not been met, they shall refer the matter to the district coroner or in Scotland to |
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the procurator fiscal for further investigation. |
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(4) | A monitoring commission to which a file has been sent in accordance with |
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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 |
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date of receiving such notification of the patient having been assisted to die |
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whether or not such assistance led to the patient’s death. |
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(5) | The Secretary of State shall publish an annual statistical report of information |
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collected under this section. |
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15 | Administration of drugs to patients suffering severe distress |
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A patient suffering from a terminal illness shall be entitled to request and |
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receive such medication as may be necessary to keep him free as far as possible |
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16 | Power to make regulations |
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(1) | The Secretary of State may make regulations under this Act— |
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(a) | to ensure the intent of this Act is carried out; |
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(b) | determining classes of persons who may or may not witness a |
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declaration made under section 4; |
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(c) | regulating the custody of records and the collection of information |
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regarding the operation of this Act; and |
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(d) | making provision about appointments to and the operation of the |
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(2) | The power to make regulations under this Act is exercisable by statutory |
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(3) | No statutory instrument may be made under this Act unless a draft of the |
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instrument has been laid before, and approved by a resolution of, each House |
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17 | Short title and extent |
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(1) | This Act may be cited as the Assisted Dying for the Terminally Ill Act 2004. |
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(2) | This Act does not extend to Northern Ireland. |
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Declaration made ___________ 20__ |
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b y [____________________] |
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o f [____________________] |
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| I, ____________________, am an adult of sound mind who has been resident |
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in Great Britain for at least twelve months as at the date of this declaration. |
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| I am suffering from ____________________, which my attending physician, |
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Dr ____________________, has determined is a terminal illness and which |
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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 |
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assisted to die, and the alternatives, including palliative care, care in a |
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hospice and the control of pain. |
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| I request that my attending physician assist me to die. |
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| I make this request voluntarily and without reservation. |
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| Please delete as appropriate: |
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| I have decided to inform / not to inform my family of my decision. |
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| I understand that I have the right to revoke this declaration. |
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| Signed: ____________________ |
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| Date: ______________________ |
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| I declare that I am a solicitor with a current practising certificate and that the |
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patient signing this request: |
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(a) | is personally known to me or has proved his identity to me; |
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(b) | signed or made his mark confirming that this was his request in my |
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(c) | appears to be of sound mind and to have made the declaration |
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(d) | appears to understand the effect of the declaration. |
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| _________________________ Witness 1 |
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| I declare that the person signing this request: |
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(a) | is personally known to me or has proved his identity to me; |
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(b) | signed or made his mark confirming that this was his request in my |
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(c) | appears to be of sound mind and to have made the declaration |
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| _________________________ Witness 2 |
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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 |
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the effect of the declaration. |
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2. | The patient and witnesses shall sign and witness the declaration |
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respectively at the same time and each in the presence of the |
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3. | The attending or consulting physician, psychiatrist or member of |
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the medical care team, or a relative or partner (by blood, marriage |
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or adoption) of the qualifying patient signing this request may not |
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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 |
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