End of Life Choice Act 2019

  • Corrections have been made to section 35(b) on 21 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
14 Second opinion to be given by independent medical practitioner

(1)

This section applies if the attending medical practitioner reaches the opinion described in section 13(2)(a) or (c).

(2)

The attending medical practitioner must—

(a)

ask the SCENZ Group for the name and contact details of an independent medical practitioner; and

(b)

ask the independent medical practitioner for their opinion on whether the person requesting the option of receiving assisted dying is a person who is eligible for assisted dying.

(3)

The independent medical practitioner must—

(a)

read the person’s medical files; and

(b)

examine the person; and

(c)

reach the opinion that—

(i)

the person is a person who is eligible for assisted dying; or

(ii)

the person is not a person who is eligible for assisted dying; or

(iii)

the person would be a person who is eligible for assisted dying if it were established under section 15 that the person was competent to make an informed decision about assisted dying.

(4)

The independent medical practitioner must—

(a)

complete an approved form recording their opinion; and

(b)

send the completed form to the Registrar; and

(c)

send a copy of the completed form to the attending medical practitioner.