End of Life Choice Act 2019

  • latest version but not yet in force
  • Corrections have been made to section 35(b) on 21 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
16 Opinion reached that person is not eligible for assisted dying

(1)

Subsection (2) applies if the attending medical practitioner reaches the opinion described in section 13(2)(b).

(2)

The attending medical practitioner must explain the reasons for their opinion to the person requesting the option of receiving assisted dying.

(3)

Subsection (4) applies if—

(a)

the independent medical practitioner reaches the opinion described in section 14(3)(c)(ii); or

(b)

the following situation exists:

(i)

a psychiatrist is asked for their opinion under section 15(2)(b); and

(ii)

the psychiatrist reaches the opinion described in section 15(3)(c)(ii).

(4)

The independent medical practitioner or the psychiatrist, as appropriate, must explain their reasons for their opinion to the person requesting the option of receiving assisted dying and the attending medical practitioner.

(5)

The attending medical practitioner must—

(a)

complete an approved form recording the actions taken to comply with subsection (2) or (4); and

(b)

send the completed form to the Registrar.