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Enable an adult who has capacity and who is suffering unbearably as a result |
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of a terminal illness to receive medical assistance to die at his own considered |
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and persistent request; and for connected purposes. |
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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 | Authorisation of assisted dying |
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Subject to the provisions of this Act, it shall be lawful for— |
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(a) | a physician to assist a patient who is a qualifying patient to die— |
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(i) | by prescribing such medication, and |
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(ii) | in the case of a patient for whom it is impossible or |
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inappropriate orally to ingest that medication, by prescribing |
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and providing such means of self-administration of that |
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| as will enable the patient to end his own life, and |
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(b) | a person who is a member of a health care team to work in conjunction |
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with a physician to whom paragraph (a) of this section applies. |
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(1) | Before the assisting physician can assist a patient to die the conditions specified |
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in subsections (2) and (3) must be satisfied, the patient must have made a |
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declaration in accordance with section 4 and the requirements of section 5(3) |
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must have been complied with. |
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(2) | The first condition is that the attending physician shall have— |
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(a) | been informed by the patient in a written request signed by the patient |
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that the patient wishes to be assisted to die; |
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(b) | examined the patient and the patient’s medical records and satisfied |
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himself that the patient does not lack capacity; |
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(c) | determined that the patient has a terminal illness; |
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(d) | concluded that the patient is suffering unbearably as a result of that |
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(e) | informed the patient of— |
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(i) | his medical diagnosis; |
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(iii) | the process of being assisted to die; and |
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(iv) | the alternatives to assisted dying, including, but not limited to, |
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palliative care, care in a hospice and the control of pain; |
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(f) | ensured that a specialist in palliative care, who shall be a physician or a |
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nurse, has attended the patient to inform the patient of the benefits of |
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the various forms of palliative care, |
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(g) | recommended to the patient that the patient notifies his next of kin of |
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his request for assistance to die, |
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(h) | if the patient persists with his request to be assisted to die, satisfied |
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himself that the request is made voluntarily and that the patient has |
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made an informed decision; and |
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(i) | referred the patient to a consulting physician. |
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(3) | The second condition is that the consulting physician shall have— |
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(a) | been informed by the patient that the patient wishes to be assisted to |
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(b) | examined the patient and the patient’s medical records and satisfied |
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himself that the patient does not lack capacity; |
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(c) | confirmed the diagnosis and prognosis made by the attending |
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(d) | concluded that the patient is suffering unbearably as a result of the |
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(e) | informed the patient of the alternatives to assisted dying including, but |
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not limited to, palliative care, care in a hospice and the control of pain; |
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(f) | if the patient still persists with his request to be assisted to die, satisfied |
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himself that the request is made voluntarily and that the patient has |
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made an informed decision; and |
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(g) | advised the patient that prior to being assisted to die the patient will be |
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required to complete a declaration which the patient can revoke. |
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(4) | For the purposes of this Act, a person lacks capacity in relation to being assisted |
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to die if at the material time he is unable to make a decision for himself in |
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relation to that matter because of an impairment of, or a disturbance in the |
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functioning of, the mind or brain resulting from any disability or disorder of |
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3 | Determination of lack of capacity |
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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 a declaration may lack capacity, the attending physician |
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shall refer the patient to a consultant psychiatrist, or a psychologist, who shall |
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be independent of the attending and consulting physicians, for an opinion as |
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to the patient’s capacity. |
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(2) | No assistance to end the patient’s life may be given unless the consultant |
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psychiatrist or the psychologist has determined that the patient does not lack |
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(1) | When the qualifying conditions have been met, a patient who wishes to be |
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assisted to die must make a declaration of his wish to die in the form prescribed |
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by regulations made by the Secretary of State. |
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(2) | The declaration must be witnessed by two individuals one of whom shall be |
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either a solicitor who holds a current practising certificate or a public notary. |
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(3) | The solicitor or public notary may only witness the declaration if— |
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(a) | the patient is personally known to, or has proved his identity to, him; |
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(b) | it appears to him that the patient is of sound mind and has made the |
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declaration voluntarily; and |
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(c) | he is satisfied that the patient understands the effect of the declaration. |
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(4) | The patient and witnesses shall sign and witness the declaration respectively |
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at the same time and each in the presence of the others. |
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(5) | Neither the attending or consulting physician, nor a member of the health care |
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team, a consultant psychiatrist or a psychologist consulted under section 3, nor |
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a relative or partner (by blood, marriage or adoption) of the patient who wishes |
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to be assisted to die, may witness the declaration. |
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(6) | No person who owns, operates or is employed at a health care establishment |
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where the patient is a resident or is receiving medical treatment may witness |
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5 | Duties of assisting physician |
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(1) | The assisting physician shall be either the attending physician or the consulting |
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(2) | The assisting physician shall not take any action to assist the patient to die until |
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after the expiration of a period of 14 days from the date on which the patient |
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informed the attending physician under section 2(2)(a) that the patient wished |
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(3) | Before taking any step to assist the patient to die the existing physician shall |
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(a) | informed the patient of his right to revoke the declaration, and |
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(b) | asked the patient to confirm that the declaration has not been revoked, |
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and received such confirmation. |
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6 | Revocation of declaration |
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(1) | A patient may revoke his declaration orally or in any other manner and |
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irrespective of his physical or mental state. |
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(2) | In the event of a declaration being revoked, the assisting physician, or if there |
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is no assisting physician, the attending physician, shall ensure that a note |
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recording its revocation is made on the patient’s file. |
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7 | Conscientious objection |
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(1) | No person shall be under any duty to participate in any diagnosis, treatment |
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or other action authorised by this Act, apart from subsection (6), to which he |
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has a conscientious objection. |
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(2) | No hospice, hospital, nursing home, clinic or other health care establishment |
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shall be under any obligation to permit an assisted death on its premises. |
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(3) | No person shall be under any duty to raise the option of assisted dying with a |
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patient, to refer a patient to any other source for obtaining information or |
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advice pertaining to assistance to die, or to refer a patient to any other person |
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for assistance to die under the provisions of this Act. |
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(4) | If an attending physician whose patient makes a request to be assisted to die in |
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accordance with this Act has a conscientious objection as provided in |
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subsection (1), the patient shall be free to consult another physician who does |
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not have a conscientious objection and who, for the purposes of this Act, shall |
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then be the patient’s attending physician. |
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(5) | If a consulting physician to whom a patient has been referred in accordance |
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with section 2(2)(i) has a conscientious objection as provided in subsection (1), |
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the patient shall be free to consult another consulting physician who does not |
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have a conscientious objection and who, for the purposes of this Act, shall then |
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be the patient’s consulting physician. |
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(6) | Where a patient has consulted a physician under subsection (4) or (5) the |
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physician who has a conscientious objection shall immediately, on receipt of a |
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request to do so, transfer the patient’s medical records to the new physician. |
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8 | Protection for health care professionals and other persons |
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(1) | A physician who assists a qualifying patient to die, or attempts to do so, in |
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accordance with the requirements of this Act, shall not, by so doing, be guilty |
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(2) | A member of a health care team who works in conjunction with a physician |
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who assists a qualifying patient to die, or attempts to do so, in accordance with |
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the requirements of this Act, or in reliance on information supplied to him that |
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the requirements of this Act in relation to the patient had been fully complied |
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with, shall not by so doing be guilty of an offence. |
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(3) | A person who is present when— |
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(a) | a qualifying patient dies, having received assistance to die, or |
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(b) | an attempt is made to assist a qualifying patient to die, |
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| shall not be guilty of an offence provided that he is present in reliance on |
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information provided to him that the requirements of this Act in relation to the |
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patient have been complied with. |
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(4) | A physician to whom subsection (1) of this section applies or a member of a |
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health care team to whom subsection (2) of this section applies, shall be |
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deemed not to be in breach of any professional oath or affirmation. |
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(5) | No physician, psychiatrist, psychologist or member of a health care team may |
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take any part 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, except for his |
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proper professional fees or salary, as a result of the death of that patient. |
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